Does Aerus reserve the right to change or improve the System?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
We have developed a distinctive and proprietary system (the "System") for establishing and operating businesses that offer and sell the Products. The distinguishing characteristics of the System include, among other things: identification by the Marks; distinctive exterior and interior design, decor, color scheme and furnishings, fixtures and other trade dress elements; proprietary products; standards, specifications, policies and procedures for construction, management and operations; quality, distinctiveness and uniformity of products and services; standards, specifications, procedures and automated, software driven administrative systems for customer, lead, inventory, sales and financial management and control; sales, recruiting and lead generation programs; training and assistance; and advertising and promotional programs all as are more
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particularly described and designated in the Manuals (as defined below) and all of which we may change, improve, and further develop at our sole option from time to time.
"Manuals" refer to our confidential operations manuals, including the Policies and Procedures, and other manuals and written materials (including electronically stored or communicated materials) developed by us for use in the operation of Aerus Businesses. Our "Policies and Procedures" include those policies, procedures, practices, rules and regulations developed by us for use in the operation of Aerus Businesses. We refer to businesses which operate under the Standard and Associate Programs (each defined below) as "Aerus Businesses," and to the specific business that you will operate as the "Franchised Business."
Source: Item 1 — The Franchisor and any Parents, Predecessors, and Affiliates (FDD pages 9–15)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Aerus retains the right to modify and enhance its System. The System encompasses various elements critical to the operation of an Aerus business, including brand identification through the Marks, store design, proprietary products, operational standards, and administrative systems.
Aerus's ability to change, improve, and further develop the System at its sole option from time to time is explicitly stated in the FDD. These changes will be documented in the Manuals, which include confidential operations manuals, policies, and procedures. This allows Aerus to adapt to market changes, technological advancements, and evolving consumer preferences, which could benefit franchisees by keeping the business model current.
However, this also means that franchisees must remain flexible and adaptable to changes implemented by Aerus. While these changes are intended to improve the System, franchisees may incur costs to implement new standards, technologies, or procedures. Therefore, prospective franchisees should inquire about the types of changes that have been implemented in the past, the frequency of these changes, and the potential costs associated with adapting to them.