During the term of the Aerus franchise agreement, can I, as the franchisee, use customer data for purposes other than operating the franchised business?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
6. Exclusivity and Non-Competition.
- A. During the Term, neither Franchisee, nor its Operating Principal, or any other owner, shall (1) promote the sale of, or sell, directly or indirectly, any products or services that are similar in nature to, or that are substitutes for, the Products, (2) undertake or participate in any business or activity that is competitive in nature with the System or any of the Products, or with Company's, or any of Company's Affiliates', now existing or hereafter developed businesses or systems, or (3) use any of the Customer Data for any reason other than operation of the Franchised Business. Further, the Approved Location may be used for the operation and conduct of the Franchised Business only and for no other use. Franchisee may not use the Marks in connection with any business or activities other than the Franchised Business. Company may in the future modify, expand or supplement the System or modify or add to the Products offered hereunder and Company or any of Company's Affiliates may in the future develop or offer new businesses or systems. In either event, if Company determines, in its reasonable discretion that any behavior of Franchisee previously not in violation of this Section later violates this Section, Company may require that Franchisee cease any such behavior upon written notice to Franchisee.
- B. For a period of one (1) year after the expiration or termination of this Agreement or the transfer of all of Franchisee's interest in this Agreement, neither Franchisee, nor its Operating Principal, shall, within the Area of Responsibility or within a ten (10)-mile radius of any Aerus Business in existence or under construction as of the expiration or termination of this Agreement or the transfer of all of Franchisee's interest in this Agreement, (1) promote the sale of, or sell, directly or indirectly, any products or services that are similar in nature to, or that are substitutes for, the Products or (2) undertake or participate in any business or activity that is competitive in nature with the System or any of the Products, or with Company's, or any of Company's Affiliates', now existing or hereafter developed businesses or systems. Franchisee agrees that the length of time in this Section 6(B) will be tolled for any period during which Franchisee is in breach of the covenants set forth in this Section 6(B) or any other period during which Company seeks to enforce this Agreement.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees are explicitly restricted from using customer data for any purpose other than operating their franchised business. Aerus owns and maintains a database of customer information. Aerus may allow franchisees to use part of the customer data pertinent to their area, but this is subject to the franchisee paying a Customer Data Fee and strictly following the terms of the franchise agreement.
Aerus franchisees must actively maintain, update, correct, and supplement the customer data during the term of the agreement. This includes updating the data immediately after any sale or customer contact, regularly reviewing the data, and using it for marketing, lead generation, sales, and recruiting purposes, all in accordance with Aerus's system and procedures.
The franchise agreement specifies that franchisees cannot use the customer data, or allow it to be used, for any purpose except the operation of the franchised Aerus business and purposes incidental to that operation. All rights to the customer data remain the exclusive property of Aerus, and franchisees cannot challenge Aerus's ownership or rights to the data. Upon termination of the franchise agreement, all rights and licenses to the customer data automatically terminate, and the franchisee must promptly return all materials containing the data to Aerus.