factual

Does Aerus have the right to change its company website without notifying franchisees?

Aerus Franchise · 2025 FDD

Answer from 2025 FDD Document

erwise) which actually or by implication is in any way derogatory, defamatory or otherwise disparaging of the Franchised Business or Aerus Businesses generally or of Company, any of Companies Affiliates or any of their officers, directors, members, shareholders, employees or agents.

  • H. Company may, at its option, establish and maintain an Intranet through which franchisees of Company may communicate with each other, and through which Company and Franchisee may communicate with each other and through which Company may disseminate the Manuals, updates thereto and other Confidential Information. Company shall have sole discretion and control over all aspects of the Intranet, including the content and functionality thereof. Company will have no obligation to maintain the Intranet indefinitely, and may dismantle it at any time without liability to Franchisee. If Company establishes an Intranet, Franchisee shall have the privilege to use the Intranet, subject to Franchisee's strict compliance with the Policies and Procedures that Company may establish from time to time. Franchisee acknowledges that, as administrator of the Intranet, Company can technically access and view any communication that is posted on the Intranet. Franchisee further acknowledges that the Intranet facility and all communications that are posted to it will become Company's property, free of any claims of privacy or privilege that Franchisee or any other person may assert.
    1. Insurance. Franchisee shall, at its expense, procure upon execution of this Agreement, and shall maintain in full force and effect at all times during the Term, an insurance

policy or policies protecting Company and Franchisee and each party's respective permitted successors and assigns, officers, members, directors, shareholders, partners, agents, representatives, independent contractors, employees and lenders against any demand or claim with respect to personal injury, death or property damage, or any loss, liability or expense whatsoever arising or occurring upon or in connection with the Franchised Business. Such policy or policies (1) shall be written by a responsible carrier or carriers reasonably acceptable to Company (e.g., having been assigned an "A" rating or its equivalent by a recognized insurance rating service) who are duly licensed by the appropriate governmental authorities, (2) shall name Company and such of Company's Affiliates as may be required from time to time, as an additional insureds, (3) shall include, at a minimum, such coverages with such limits as shall be set forth from time to time in the Manuals, and (4) shall require or provide for notice of any cancellation or non-renewal to be given to Company at least thirty (30) days in advance of such occurrence.

Source: Item 23 — Receipts (FDD pages 74–305)

What This Means (2025 FDD)

According to Aerus's 2025 Franchise Disclosure Document, Aerus may establish and maintain an Intranet for communication with franchisees, having sole discretion and control over all aspects, including content and functionality. Aerus is not obligated to maintain the Intranet indefinitely and may dismantle it at any time without liability to the franchisee. If Aerus establishes an Intranet, franchisees have the privilege to use it, subject to strict compliance with Aerus's policies and procedures. Aerus can technically access and view any communication posted on the Intranet, and all communications become Aerus's property, free of any claims of privacy.

Additionally, the FDD states that franchisees cannot conduct any aspect of the Franchised Business by, through, over, or on the internet or world wide web, including advertising, marketing, and solicitation, unless or until Aerus establishes a company-sponsored program for such conduct by franchisees. If Aerus establishes such a program, franchisees can only participate as part of and in accordance with the program. Franchisees are also prohibited from linking to or framing any website to any other website or authorizing any third party to do so.

While the FDD excerpts do not explicitly state that Aerus can change its company website without notifying franchisees, the language regarding the Intranet and internet usage suggests Aerus maintains significant control over its online presence and franchisee's online activities. The FDD does not specify whether Aerus must notify franchisees of changes to its main company website. A prospective franchisee should seek clarification from Aerus regarding website change policies and communication protocols.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.