During the term of the Aerus Franchise Agreement, what is the permitted use of the Premises?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
1. Grant of Franchise Rights.
A. Company hereby grants to Franchisee the right and license, and Franchisee hereby accepts the right and obligation, to establish and operate the Franchised Business (under the Standard Program) upon and subject to the terms, conditions and provisions of this Agreement. Franchisee agrees and acknowledges that Franchisee shall have the right to offer and sell the Products only to Approved Customers within the area identified as the Area of Responsibility in Schedule 1, attached hereto (the "Area of Responsibility"), all in accordance with the terms, conditions and provisions of this Agreement and the Manuals, including the Policies and Procedures. Except as otherwise provided herein, such offers and sales may only be made through the Approved Location or from in-home or in-person demonstrations conducted within the Area of Responsibility. Nothing herein shall be construed to grant the right to Franchisee to offer and sell the Beyond Products.
- B.
Subject to Company's prior approval, the Franchised Business shall be identified and operated by Franchisee only under the assumed name (the "Approved Name") "Aerus" (including such qualifiers and descriptions as may be set or approved by Company from time to time so as to geographically or otherwise distinguish one franchise from another), including the hanging of an approved exterior sign bearing such trade name; provided, that Company shall be permitted at any time and from time to time after the date of this Agreement, upon written notice, to alter or change the assumed name under which the Franchised Business shall be identified and operated.
Franchisee shall, at its expense, make all county and state assumed nam
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the franchisee's rights are specifically for operating the franchised Aerus business in accordance with the franchise agreement. Aerus grants the franchisee the right and license to establish and operate the franchised business, offering and selling products only to approved customers within a designated area of responsibility. These sales are typically conducted through the approved location or via in-home or in-person demonstrations within the specified area.
The franchisee must operate under the approved name, "Aerus," including any qualifiers or descriptions set by Aerus to differentiate franchises. The franchisee is responsible for registering this assumed name with the relevant county and state authorities. Aerus retains the right to modify the assumed name under which the franchised business operates with written notice.
The franchisee is explicitly restricted from using the premises for any business or system other than the franchised Aerus business. Aerus and its affiliates retain all rights not expressly granted to the franchisee. This includes the right to introduce new products and services and to require or permit franchisees to offer these new items through their franchised business. The franchisee is also limited in that they cannot sell to any person not residing within the Area of Responsibility, conduct any aspect of the Franchised Business over the internet unless Company establishes a Company sponsored program, use any trade name other than the Marks, sell any product or service that is not a Product, or permit any Product to be sold from any physical location other than an Approved Location.
This means a prospective Aerus franchisee must understand that their business operations are strictly defined by the franchise agreement. They cannot deviate from the approved business model, sell unauthorized products or services, or operate under a different name without Aerus's consent. This ensures brand consistency and protects Aerus's overall business strategy. Franchisees should carefully review the franchise agreement and manuals to fully understand the scope of their permitted activities and any potential limitations.