Who is the State Administrator/Agent for Aerus in California?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Aerus Franchising, LLC authorizes the respective state agencies identified on Exhibit 5 to receive service of process for it in the particular state.
I received a franchise disclosure document dated May 15, 2025 that included the following exhibits:
State Addenda (California, Illinois, Maryland, Minnesota, New York, North Dakota, South Dakota, Virginia, Washington, Wisconsin)
Exhibit 1 – Financial Statements
Exhibit 2(a) – Franchise Agreement (Standard Program), Lease Rider, Software License Agreement and Consigned Products Security Agreement
Exhibit 2(b) – Franchise Agreement (Associate Program), Lease Rider, Software License Agreement and Consigned Products Security Agreement
Exhibit 2(c) – Beyond Addendum
Exhibit 3 – Secured Promissory Note, Security Agreement and Guaranty
Exhibit 4 – List of State Administrators
Exhibit 5 – List of Agents for Service of Process
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Exhibit 5 lists the agents for service of process, and Exhibit 4 lists the State Administrators. For a prospective franchisee, this means that Aerus Franchising, LLC authorizes specific state agencies to receive service of process on its behalf in particular states. If a franchisee in California needs to serve legal documents to Aerus, they would need to consult Exhibit 5 to identify the correct agent for service of process in California.
It is important to note that the FDD also includes a state addendum for California, which addresses specific legal considerations for franchisees operating in that state. For example, the franchise agreement requires application of the laws of the State of Texas, but this provision may not be enforceable under California law. Additionally, the maximum interest rate in California is 10% annually, and Aerus does not offer financing to California franchises.
Furthermore, the FDD indicates that Aerus's websites have not been reviewed or approved by the California Department of Financial Protection and Innovation, and any complaints about the website's content can be directed to that department. This highlights the importance of franchisees understanding and complying with California-specific regulations and consumer protection laws. Prospective franchisees should carefully review the California addendum and consult with legal counsel to ensure they are aware of their rights and obligations under California law.