Is the Aerus Software License Agreement entered into before, after, or simultaneously with the Franchise Agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
arties, the facsimile signed Lease Rider shall remain fully binding and effective for all purposes.
[SIGNATURES ON THE FOLLOWING PAGE]
[If an entity]: , a Date of Execution: [If an individual]: Date of Execution: LANDLORD: Date of Execution:
EXHIBIT II
FORM OF SOFTWARE LICENSE AGREEMENT
THIS SOFTWARE LICENSE AGREEMENT (this "Software License"), is being entered into simultaneously with that certain Franchise Agreement (the "Franchise Agreement") dated of even date herewith (the "Effective Date") by and between Aerus Franchising, LLC, a Delaware limited liability company, having offices at 14841 Dallas Parkway, Suite 500, Dallas, Texas 75254 ("Licensor") and the individual or entity executing this Agreement as Licensee ("Licensee"). All capitalized terms used herein that are not otherwise defined have the meanings assigned to such terms in the Franchise Agreement.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Software License Agreement is entered into simultaneously with the Franchise Agreement. The Software License Agreement is dated the same date as the Franchise Agreement and becomes effective on that date. This means that the franchisee's rights to use Aerus's proprietary software are contingent upon entering into the Franchise Agreement. The franchisee cannot obtain the software license separately.
This simultaneous execution is further emphasized by the statement that the Software License Agreement is executed "in connection with Licensee's execution of the Franchise Agreement and the software licenses provided for therein." This clause highlights the interconnectedness of the two agreements. The franchisor, Aerus Franchising, LLC, grants the software license to the franchisee as part of the overall franchise package.
For a prospective Aerus franchisee, this means that access to and use of the Aerus software system is a key component of the franchise and is governed by both the Franchise Agreement and the Software License Agreement. The franchisee should carefully review both agreements to understand their rights and obligations regarding the software, including usage restrictions, maintenance responsibilities, and intellectual property ownership.