What is the relationship between the litigation history involving Aerus franchisees (Item 3) and the franchisor's assistance, advertising, and computer systems support described in Item 11?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
There is no contractual limitation on our right to access and use this information.
You will be responsible for all maintenance and insurance of the hardware and equipment, and will also be responsible for all third party software purchases and licensing fees. We will maintain and provide to you software updates and revisions for any proprietary software which we provide. You must maintain at all times hardware and software that complies with our specifications detailed in the Manuals in order to properly run our proprietary software programs. Our proprietary accounting software (FOAS) is, in effect, the cash register for the business. As updates of our proprietary software are available, they will be made available to you to upgrade on your computer systems. The cost of such upgrade is included in the Administration and Technical Support Fee (see the Franchise Agreement, Schedule 3). We reserve the right to reasonably require
your computer hardware and software be maintained and upgraded as necessary at your expense. No contractual limitations exist in frequency or cost of the maintenance and/or upgrades to this equipment.
We estimate the cost of purchasing the required computer system, hardware and software will range from $1,200 to $2,200. In addition, you will need to pay the Administration and Technical Support Fee as described in Item 6 of this Disclosure Document.
Site Selection and Opening
You must obtain, via purchase or lease, a retail space to serve as an Approved Location of your Franchised Business.
What This Means (2025 FDD)
Based on the 2025 Aerus Franchise Disclosure Document, Item 11 outlines the franchisor's obligations regarding assistance, advertising, and computer systems, but it does not directly address or reference the litigation history detailed in Item 3. Item 11 specifies the pre-opening and continuing obligations of Aerus, including providing manuals, identifying necessary premise modifications, supplying initial inventory, and selling or subleasing existing Aerus Business assets. It also covers the replenishment of inventory, revisions to manuals, and software updates for proprietary software.
Regarding advertising, Aerus states that it generally does not conduct group advertising programs for the benefit of franchisees, nor does it require mandatory participation, except as described in the disclosure document, franchise agreement, and manuals. Franchisees are responsible for ensuring their advertising complies with Aerus's standards and must obtain approval for all advertising materials. Aerus also has the right to mandate advertising placement through the company or a designated third party, at the franchisee's expense. Franchisees must also allocate a Minimum Local Advertising Expense each year.
Concerning computer systems, Aerus will provide software updates and revisions for its proprietary software, with the cost included in the Administration and Technical Support Fee. Franchisees are responsible for maintaining and insuring their hardware and equipment and for third-party software licensing fees. The cost of the required computer system, hardware, and software is estimated to range from $1,200 to $2,200. The FDD does not specify how the litigation history involving Aerus franchisees might affect the level or quality of support and assistance a franchisee receives.