For the Aerus Software License agreement, what is the significance of the date set forth with the signatures?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
with respect to the subject matter hereof, and supersede all related prior and contemporaneous agreements between the parties. This Software License may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall be considered one and the same instrument.
[SIGNATURES ON THE FOLLOWING PAGE]
, 20 IN WITNESS WHEREOF, the parties have duly executed and delivered this Software License as of the date set forth with their signatures below to be effective as of the day of LICENSOR: AERUS FRANCHISING, LLC, a Delaware limited liability company Date of Execution: LICENSEE: , a Date of Execution:
EXHIBIT III
FORM OF CONSIGNED PRODUCTS SECURITY AGREEMENT
THIS CONSIGNED PRODUCTS SECURITY AGREEMENT (this "Agreement"), is being executed 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 ("Company"), having offices at 14841 Dallas Parkway, Suite 500, Dallas, Texas 75254 and the individual or entity executing this Agreement as Consignee ("Consignee"). All capitalized terms used herein that are not otherwise defined have the meanings given such terms in the Franchise Agreement.
WITNESSETH:
WHEREAS, Consignee and Company have entered into the Franchise Agreement , which agreement governs the operations by Consignee of a franchised business engaged in, among other things, the sale of certain consigned products and other related products and services as permitted by, and more particularly described 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 date set forth with the signatures on the Software License Agreement determines when the agreement is considered officially executed and delivered by both parties. The document states that the agreement becomes effective as of a specific day, which is to be determined and written in the provided space. This date is important because it signifies the commencement of the legal obligations and rights outlined in the agreement for both Aerus and the franchisee (Licensee).
The Software License Agreement is entered into simultaneously with the Franchise Agreement, with the date of both agreements being of even date. This coordinated timing ensures that the franchisee has the necessary software license to operate their Aerus franchise from the outset. The agreement specifies that the parties execute and deliver the Software License as of the date set forth with their signatures, further emphasizing the importance of this date for establishing the agreement's validity and start date.
Prospective Aerus franchisees should pay close attention to the date of execution on the Software License Agreement, as it legally binds them to the terms and conditions outlined within the agreement from that day forward. This includes obligations related to software usage, protection of intellectual property, and adherence to the franchisor's standards. Ensuring that the date is accurately recorded and understood is crucial for both Aerus and the franchisee to avoid any potential disputes regarding the agreement's effective period.