Who specifically has the authority to act for Aerus regarding changes or modifications to the franchise agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
LETELY:**
(Please attached one voided check for the above account.)
| Store Location: | Store #: | |
|---|---|---|
| FRANCHISEE: | ||
| a | , | |
| By: | ||
| Name: | ||
| Date of Execution: |
ATTACHMENT C
APPOINTMENT OF AGENT AND POWER OF ATTORNEY
| That , a , | |
|---|---|
| ("Franchisee") does hereby irrevocably constitute and appoint AERUS FRANCHISING, LLC, a | |
| Delaware limited liability company, its successors and assigns ("Company"), its true and lawful | |
| attorney-in-fact and agent for Franchisee and in Franchisee's name, place and stead, to do or cause | |
| to be done all things and to sign, execute, acknowledge, certify, deliver, accept, record and file all | |
| such agreements, certificates, instruments and documents as, in Company's sole discretion, will | |
| be necessary or advisable for the sole purposes of assigning to Company all rights in and to all | |
| leases for the Approved Locations and the telephone numbers, domain names and websites of the | |
| Franchised Business (as defined under the Franchise Agreement (hereinafter defined) and any | |
| other business listings thereof or of Franchisee. |
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
Based on the 2025 Aerus Franchise Disclosure Document, Aerus Franchising, LLC, as the 'Company', has the authority to act as the franchisee's attorney-in-fact and agent. This authority allows Aerus to perform actions such as signing, executing, and filing agreements, certificates, instruments, and documents on behalf of the franchisee. This power is specifically for assigning the rights in leases for approved locations, telephone numbers, domain names, websites, and other business listings to Aerus.
Aerus's authority is limited to actions that, in its sole discretion, are necessary or advisable for these specific purposes. The franchisee grants Aerus full power and authority to perform these acts as fully as the franchisee could themselves. This arrangement is confirmed by the franchisee, ensuring that Aerus can lawfully act on their behalf within the defined scope.
This arrangement is somewhat unusual in franchising. Typically, franchisees retain full control over their leases and business listings. The broad power of attorney granted to Aerus could give the franchisor significant control over the franchisee's business locations and online presence, especially in the event of a transfer, termination, or dispute. A prospective franchisee should carefully consider the implications of granting such extensive authority to Aerus and seek legal counsel to fully understand their rights and obligations.