What is the purpose of the 'Agreement' section within the Aerus franchise agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
rtain other indicia or new or replacement trade names, trademarks, service marks as Company may prescribe from time to time, owned, licensed or otherwise contracted for by Company (the "Beyond Marks").
- B. Franchisee desires to participate in this opportunity to sell Beyond Products on the terms and conditions contained herein.
AGREEMENT
-
- Grant of Right to Sell Beyond Products. Notwithstanding anything to the contrary found in the Franchise Agreement, Company herby grants to Franchisee the right and license, and Franchisee hereby accepts the right and obligation, to sell Beyond Products to Approved Customers within the Area of Responsibility, all in accordance with the terms and provisions of the Franchise Agreement and the Manuals, including the Policies and Procedures. Accordingly, the definition of "Products" in the Recitals of the Franchise Agreement is hereby supplemented and amended to include, but not be limited to, Beyond Products.
-
- License of the Beyond Marks. Company hereby grants to Franchisee a limited non-exclusive right to use the Beyond Marks in strict accordance and compliance with the terms and conditions of the Franchise Agreement, the Manuals and any specific usage guidelines Company may impose from time to time. Accordingly, the definition of "Marks" in the Recitals of the Franchise Agreement is hereby supplemented and amended to include, but not be limited to, the Beyond Marks.
-
- Manuals. The definition of "Manuals" in Addendum A of the Franchise Agreement is hereby supplemented and amended to include, but not be limited to, any confidential operations manuals, including the Policies and Procedures, and such other revised manuals and written materials (including electronically stored or communicated materials), that Company may develop or have developed for use in the operation of Aerus Businesses, including Franchised Businesses (as such may be reviewed by Company from time to time), that offer and sell the Beyond Products.
-
- Subparagraph (u) of Section 15.B(1) of the Fra
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the 'Agreement' section, specifically Addendum A, outlines the rights and obligations related to selling 'Beyond Products.' This addendum grants the franchisee the right to sell Beyond Products to approved customers within their designated area, in accordance with the franchise agreement and manuals. It also provides a limited, non-exclusive right to use the 'Beyond Marks' under the same conditions.
Furthermore, the agreement supplements the definition of 'Manuals' to include any confidential operations manuals, policies, procedures, and other written materials related to the operation of Aerus Businesses that offer and sell Beyond Products. In exchange for these rights, the franchisee must pay Aerus a one-time, non-refundable 'Beyond Fee' of $100 upon execution of the addendum.
In essence, this section of the Aerus franchise agreement serves to formally extend the franchisee's rights to include the sale of Beyond Products, clarifies the use of related trademarks and operational guidelines, and establishes the associated financial obligation. This ensures that the franchisee is authorized and properly trained to offer these additional products within the Aerus system.