What specific advertising or promotion provisions are Aerus franchisees prohibited from violating?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
r offer additional warranties above and beyond the Company Consumer Warranty. As part of the service requirement described herein, Franchisee shall honor and provide service in connection with any Company Consumer Warranty.
11. Advertising, Marketing, Promotion; Use of the Internet.
- A. All advertising or marketing to be undertaken by Franchisee shall comply with Company's standards, specifications and procedures as specifically described herein and in the Manuals. Franchisee shall submit a sample of each type of advertising material to Company for Company's approval prior to use. Franchisee may not use any advertising material, unless such material has been approved in writing by Company and has not subsequently been disapproved by Company. Franchisee shall immediately discontinue the use of any advertising materials which Company subsequently disapproves. No advertising, marketing or promotions material may be placed outside the Area of Responsibility, and Franchisee shall not place or otherwise conduct any national or international advertising of any kind.
- B. Franchisee shall install and, at all times during the term of this Agreement, maintain an outdoor sign in a prominent location in accordance with Company's sign specifications in effect from time to time, or as approved, in writing, by Company, unless prohibited from doing so by applicable laws and regulations.
- C. Franchisee shall advertise, at all times, in the manner designated by Company from time to time in the Manuals or otherwise in writing, using formats or templates approved in advance by Company. Company shall have the right to require that all such advertising be placed by Company or a third party designated by Company in accordance with such procedures as Company may designate in the Manuals or otherwise in writing, and at Franchisee's expense. Company shall have the right to designate the size, form and content of such advertising and that Franchisee utilize a listing which identifies other Aerus Businesses in addition to its own.
- D. Franchisee shall, in addition to the other requirements of this Section, expend each year the Minimum Local Advertising Expense on local advertising, public relations, and promotion in the Area of Responsibility.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees face several restrictions regarding advertising and promotion. Aerus mandates that all franchisee advertising and marketing efforts adhere to company standards, specifications, and procedures outlined in the FDD and the manuals. Franchisees must submit all advertising materials for Aerus's written approval before use and must immediately cease using any materials that Aerus subsequently disapproves.
Specifically, Aerus franchisees are prohibited from placing advertising, marketing, or promotional materials outside their designated Area of Responsibility. They are also barred from conducting any national or international advertising. Furthermore, franchisees cannot conduct the franchised business under any name other than the Approved Name without prior written consent from Aerus. They are also not allowed to advertise, market, or solicit sales outside of their Area of Responsibility.
Additionally, Aerus franchisees are restricted from engaging in any aspect of the franchised business, including advertising and marketing, over the internet unless Aerus establishes a company-sponsored program for such activities, and even then, only in accordance with that program. These restrictions ensure brand consistency and controlled marketing efforts across the Aerus franchise system.