Under what circumstances might Aerus transfer or assign the Franchise Agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall not directly or indirectly Transfer or assign, nor attempt to Transfer or assign, this Agreement, or any right or obligation hereunder, without the prior written consent of Company; provided, that a principal or equity holder in Franchisee may be permitted to transfer an interest in Franchisee pursuant to the provisions set forth in Addendum C attached hereto.
Company shall be permitted to assign this Agreement at any time and from time to time; provided, however, no such assignment will be made by Company except to an assignee who, in Company's good faith judgment, is willing and able to assume Company's obligations under this Agreement.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, a franchisee is not allowed to transfer or assign the Franchise Agreement, or any rights or obligations under it, without Aerus's prior written consent. However, a principal or equity holder in the franchise may be permitted to transfer an interest in the franchise under the conditions outlined in Addendum C.
Aerus is permitted to assign the Franchise Agreement at any time. However, Aerus can only make such an assignment to an entity that, in Aerus's judgment, is willing and able to fulfill Aerus's obligations under the Franchise Agreement.
This means that while a franchisee's ability to sell or transfer their franchise is restricted and requires approval from Aerus, Aerus retains the right to assign the agreement to another party, provided that party is capable of meeting the obligations outlined in the agreement. Prospective franchisees should carefully review Addendum C to understand the specific conditions under which a transfer of interest by a principal or equity holder may be permitted.