factual

Under what condition can an Aerus franchisee obtain items from suppliers other than the Company?

Aerus Franchise · 2025 FDD

Answer from 2025 FDD Document

  • G.

Notwithstanding anything herein to the contrary, without Company's prior written approval, Franchisee shall not (1) conduct the Franchised Business under any actual or assumed name other than the Approved Name, (2) sell to any person or entity that is not an Approved Customer, (3) advertise, market or solicit sales outside of the Area of Responsibility, (4) sell to any person not residing within the Area of Responsibility, (5) conduct any aspect of the Franchised Business by, through, over or on the internet or world wide web, including without limitation, advertising, marketing and solicitation, unless or until Company establishes a Company sponsored program for such conduct by Franchisees and, then, only as part of and in accordance with such program, (6) use any trade name, trademark or service mark in connection with the Franchised Business other than the Marks (and then only in strict accordance with the terms and conditions of this Agreement, the Policies and Procedures, the Manuals and any specific guidelines imposed by Company), (7) advertise or sell any product or service from the Approved Location or through the Franchised Business bearing any trade name, trademark or service mark other than the Marks, (8) sell any product or service that is not a Product, or (9) permit any Product to be sold from any

physical location other than the Approved Location, by any Person other than an authorized representative of Franchisee or in a manner otherwise inconsistent with the System.

Source: Item 23 — Receipts (FDD pages 74–305)

What This Means (2025 FDD)

Based on the 2025 Aerus Franchise Disclosure Document, franchisees are generally restricted from selling products or services that are not approved by the company. Specifically, without Aerus's prior written approval, a franchisee cannot sell any product or service that is not a designated "Product" or use any trade name, trademark, or service mark other than the company's approved marks. This encompasses all aspects of the franchised business, ensuring consistency and adherence to the Aerus system.

This restriction ensures that Aerus maintains control over the quality and consistency of products and services offered under its brand name. For a prospective franchisee, this means they must rely on the company's approved suppliers and product lines. While this may limit a franchisee's autonomy in sourcing products, it also provides the benefit of a vetted supply chain and established brand standards.

However, the FDD excerpt does not explicitly address the conditions under which a franchisee might be allowed to source items from alternative suppliers. It only states the prohibition without prior approval. To fully understand the potential exceptions or approval processes, a prospective Aerus franchisee should directly inquire with the franchisor about the specific circumstances under which alternative suppliers may be used and the criteria for obtaining such approval.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.