Does Aerus require franchisees to obtain approval before conducting the Franchised Business under an assumed name?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding anything herein to the contrary, without Company's prior written approval, Franchisee shall not (1) conduct the Franchised Business under any actual or assumed name other than the Approved Name
Subject to Company's prior approval, the Franchised Business shall be identified and operated by Franchisee only under the assumed name (the "Approved Name") "Aerus" (including such qualifiers and descriptions as may be set or approved by Company from time to time so as to geographically or otherwise distinguish one franchise from another), including the hanging of an approved exterior sign bearing such trade name; provided, that Company shall be permitted at any time and from time to time after the date of this Agreement, upon written notice, to alter or change the assumed name under which the Franchised Business shall be identified and operated.
Franchisee shall, at its expense, make all county and state assumed name filings required by law (including any filings made necessary by a change in required trade names pursuant hereto) and provide evidence of such filing to Company.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees must obtain prior written approval from Aerus before conducting business under any name other than the approved name. The franchise must be identified and operated only under the assumed name, which is "Aerus," including any qualifiers or descriptions approved by Aerus to differentiate franchises geographically or otherwise. Aerus retains the right to alter or change the assumed name with written notice.
Franchisees are responsible for making all required county and state assumed name filings at their own expense, including any filings necessitated by changes in trade names. Evidence of these filings must be provided to Aerus. This requirement ensures that all Aerus franchises operate under a consistent and approved brand identity.
This provision is important for prospective franchisees as it highlights the importance of adhering to Aerus's branding guidelines and obtaining necessary approvals for business names. Failure to comply with this requirement could result in a breach of the franchise agreement. Franchisees should maintain open communication with Aerus regarding any name-related matters to ensure compliance and avoid potential issues.