Under what circumstances related to Aerus's Marks, Software Systems, or Customer Data can the Franchise Agreement be affected?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
| Category | Section in Agreement | Summary |
|---|---|---|
| g. "Cause" defined – curable defaults | Section 15.B (1) | Curable defaults include, among others: (a) you violate the license granted with respect to the Marks, the Software Systems, or the Customer Data, fail to satisfy any policy |
| or procedure adopted by us concerning the Marks, the | ||
| Software Systems, or the Customer Data, or otherwise | ||
| infringe on our rights in or to the Marks, the Software | ||
| f. Termination by Franchisor with "cause" | Sections 15.B | Each of your obligations under the Franchise Agreement is a material and essential obligation, the breach of which may result in termination. |
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 56–60)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Franchise Agreement can be affected under certain circumstances related to the Marks, Software Systems, or Customer Data. Specifically, violating the license granted with respect to the Marks, the Software Systems, or the Customer Data, or failing to satisfy any policy or procedure adopted by Aerus concerning these items can lead to termination of the agreement. This is considered a curable default, meaning the franchisee has an opportunity to correct the issue.
Additionally, if a franchisee's actions infringe on Aerus's rights to the Marks, Software Systems, or Customer Data, this can also affect the Franchise Agreement. The document specifies that each obligation under the Franchise Agreement is considered material and essential, and a breach of these obligations may result in termination.
In practical terms, this means that an Aerus franchisee must strictly adhere to the guidelines and policies set forth by Aerus regarding the use of its trademarks, software, and customer information. Failure to do so could result in a breach of contract and potential termination of the franchise agreement, provided the franchisee does not cure the default within the given timeframe. This underscores the importance of understanding and complying with all aspects of the Franchise Agreement to maintain a successful and compliant Aerus franchise.