Under the Aerus Beyond Program Addendum, what is the relationship between the Franchise Agreement and the Addendum?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
| hise No. | C. | Franchise No. | |
|---|---|---|---|
| Address Phone Number | |||
| B. | Franchise No. Address Phone Number | D. | Franchise No. |
EXHIBIT 2(c)
BEYOND ADDENDUM
BEYOND PROGRAM ADDENDUM TO FRANCHISE AGREEMENT
THIS ADDENDUM TO FRANCHISE AGREEMENT (Standard Program) (this "Addendum") is made effective as of the date shown on the signature page hereto (the "Effective Date") and is made between Aerus Franchising, LLC, a Delaware limited liability company, having its principal place of business at 14841 Dallas Parkway, Suite 500, Dallas, Texas 75254 ("Company"), the entity or individual executing this Agreement as "Franchisee" ("Franchisee"), and the individual executing this Agreement as "Operating Principal" ("Operating Principal"). This Addendum is an addendum to that certain Franchise Agreement (Standard Program) dated by and between Company and Franchisee (as amended, the "Franchise Agreement"). Notwithstanding anything to the contrary in the Franchise Agreement, in the event of a conflict between the terms of this Addendum and the terms of the Franchise Agreement, the terms of this Addendum shall control and supercede the Franchise Agreement. Unless otherwise stated, any terms not defined herein shall have the same meanings given to such term in the Franchise Agreement.
RECITALS
- A. Company is currently offering an opportunity for franchisees to sell air and surface purification products and services (including, without limitation, accessories, attachments and parts and certain product repair and maintenance services) and perform related services (all as approved by Company, the "Beyond Products"), such Beyond Products bearing or identified by the trade name, trademark or service mark "Beyond," "Beyond by Aerus," or certain other indicia or new or replacement trade names, trademarks, service marks as Company may prescribe from time to time, owned, licensed or otherwise contracted for by Company (the "Beyond Marks").
- B. Franchisee desires to participate in this opportunity to sell Beyond Products on the terms and conditions contained herein.
AGREEMENT
-
- Grant of Right to Sell Beyond Products. Notwithstanding anything to the contrary found in the Franchise Agreement, Company herby grants to Franchisee the right and license, and Franchisee hereby accepts the right and obligation, to sell Beyond Products to Approved Customers within the Area of Responsibility, all in accordance with the terms and provisions of the Franchise Agreement and the Manuals, including the Policies and Procedures. Accordingly, the definition of "Products" in the Recitals of the Franchise Agreement is hereby supplemented and amended to include, but not be limited to, Beyond Products.
-
- License of the Beyond Marks. Company hereby grants to Franchisee a limited non-exclusive right to use the Beyond Marks in strict accordance and compliance with the terms and conditions of the Franchise Agreement, the Manuals and any specific usage guidelines Company may impose from time to time.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Beyond Program Addendum supplements the existing Franchise Agreement. The Addendum allows franchisees to sell air and surface purification products and services, known as "Beyond Products," bearing the "Beyond by Aerus" trademark. The addendum is effective as of the date shown on the signature page. The franchisee and operating principal are also parties to the addendum.
Specifically, the Beyond Addendum modifies the original Franchise Agreement to include the right to sell Beyond Products. The definition of "Products" and "Marks" in the original agreement are expanded to include Beyond Products and Beyond Marks. The definition of "Manuals" is also amended to include any confidential operations manuals related to the Beyond Products.
In case of conflicts between the Franchise Agreement and the Beyond Addendum, the terms of the Addendum will take precedence. However, any terms not specifically defined in the Addendum will have the same meaning as in the original Franchise Agreement. The Franchise Agreement remains in full effect except as expressly modified by the Addendum.