What rights does the landlord have regarding the Aerus Proprietary Marks used at the Premises?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
NOW, THEREFORE, for and in consideration of the foregoing premises and the promises set forth below and other good and valuable consideration, the receipt, sufficiency and adequacy of which are hereby acknowledged and confirmed, the parties agree as follows:
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- During the term of the Franchise Agreement, the Premises shall be used only for the operation of the Business.
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- Landlord consents to Tenant's use of the Proprietary Marks. Landlord acknowledges that the Proprietary Marks and all right thereto or therein are the sole and exclusive property of Company and that all signs and displays bearing any of the Proprietary Marks placed in or on the Premises shall remain personal property and shall not become fixtures or otherwise part of the real property. Landlord shall not claim any rights in or to the Proprietary Marks and will not restrict or limit Company's, or any of Company's affiliates', rights with respect to the Proprietary Marks.
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- Landlord agrees to furnish Company with copies of any and all letters and notices sent to Tenant pertaining to the Lease and the Premises at the same time, and in the same manner, that such letters and notices are sent to Tenant. The address for such letters and notices shall be 14841 Dallas Parkway, Suite 500, Dallas, Texas 75254, Attention: Real Estate Department, with a copy to 14841 Dallas Parkway, Suite 500, Dallas, Texas 75254, Attention: Legal Department - Notices, or at such other address as Company shall designate in writing.
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Company (or any designee of Company) shall have the right to enter the Premises to make any modification or alteration necessary with respect to the Proprietary Marks or to cure any default under the Franchise Agreement or any other agreement entered into between Tenant and Company or any of Company's affiliates or under the Lease, including removal of any signs, displays or graphics bearing the Proprietary Marks without being guilty of trespass or any other crime or tort, and Landlord shall not be responsible for any expense or damages arising from Company's action in connection therewith.
In the event of Tenant's default under the terms of the Lease, Company may, but is not required to, cure the default and may assume the lease in Company's name.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the landlord has limited rights regarding the Aerus Proprietary Marks used at the premises. The Lease Rider specifies that the landlord consents to the tenant's (franchisee's) use of Aerus's Proprietary Marks. The landlord acknowledges that these marks are the sole and exclusive property of Aerus Franchising, LLC.
Furthermore, any signs or displays bearing the Proprietary Marks placed on the premises remain the personal property of Aerus and do not become part of the real property. The landlord cannot claim any rights to these Proprietary Marks and cannot restrict or limit Aerus's rights regarding the marks. This ensures that Aerus maintains full control over its branding and trademarks, even within a franchisee's leased location.
Aerus also has the right to enter the premises to modify or alter anything related to the Proprietary Marks or to address any defaults under the Franchise Agreement or the lease. This includes the right to remove any signs, displays, or graphics bearing the Proprietary Marks without being held liable for trespass or any other legal claim. The landlord is not responsible for any expenses or damages resulting from Aerus's actions in connection with the Proprietary Marks. This provision protects Aerus's brand standards and allows them to take swift action if a franchisee is not adhering to the brand guidelines or defaults on their lease.