Does Aerus have the right to change the Proprietary System?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Company and its Affiliates have developed a distinctive and proprietary system (the "Proprietary System") for establishing and operating businesses that offer and sell the Proprietary Products. The distinguishing characteristics of the Proprietary System include, among other things: identification by the Proprietary Marks; distinctive exterior and interior design, décor, 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 particularly described and designated in the Manuals and all of which we may change, improve, and further develop at Company's sole option from time to time.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Aerus has the right to change, improve, and further develop the Proprietary System at its sole option from time to time. The Proprietary System includes, but is not limited to, the Proprietary Marks, distinctive design, proprietary products, standards, specifications, policies and procedures, quality of products and services, administrative systems, sales programs, training, assistance, and advertising programs.
This means that Aerus franchisees must adapt to any changes Aerus makes to its system. These changes can encompass various aspects of the business, from the products offered to the methods of operation and marketing strategies. While Aerus retains the flexibility to evolve its brand and offerings, franchisees need to be prepared for potential adjustments to their business practices.
The FDD also states that Aerus may introduce new products and services under the System and may require or permit franchisees to provide, market, promote, distribute, or sell these new offerings. In such cases, Aerus may require franchisees to execute an additional or supplemental agreement and potentially pay a royalty. This highlights the possibility of increased costs or altered agreements as the system evolves.
For a prospective franchisee, this underscores the importance of understanding that the Aerus franchise is not static. Continuous learning, adaptation, and potential financial investments may be necessary to keep pace with changes implemented by Aerus to maintain uniformity and competitiveness across the franchise network.