During the term of the Aerus franchise agreement, can I use customer data obtained through the franchised business for purposes other than operating the Aerus franchise?

According to Aerus's 2025 Franchise Disclosure Document, franchisees are explicitly restricted from using customer data for any purpose other than operating their Aerus franchise. Aerus maintains ownership of the customer information database, and franchisees are granted a limited, nonexclusive license to use relevant portions of this data within their designated area. This license is contingent upon the franchisee paying a Customer Data Fee and adhering strictly to the franchise agreement, policies, and any guidelines Aerus sets regarding the collection, maintenance, and use of customer data.

This restriction means that an Aerus franchisee cannot leverage customer data acquired through the franchise for any external business ventures or personal gain outside of the Aerus system. The franchisee is expected to actively maintain, update, and utilize the customer data for marketing, lead generation, sales, and recruiting purposes, but strictly within the framework of the Aerus system and its established procedures. This ensures that customer relationships and data integrity are preserved under the franchisor's control.

Upon termination or expiration of the franchise agreement, all rights to use the customer data are immediately terminated, and the franchisee must return all materials containing the data to Aerus. This includes both physical and electronic formats. This provision underscores Aerus's ownership and control over the customer data, preventing franchisees from using it to compete with Aerus or for any other unauthorized purposes after the franchise relationship ends. This is a fairly standard practice in franchising, as the customer list often represents a significant asset developed through the brand's reputation and marketing efforts.