Under what condition will Aerus protect a franchisee's right to use the Marks in Minnesota?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
For Franchised Businesses located in the State of Minnesota, Company will protect Franchisee's right to use the Marks or indemnify Franchisee from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of the Marks, provided that Franchisee is using the Marks as provided in the Manuals or as otherwise required by Company or by its Affiliates.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, for franchised businesses located in Minnesota, Aerus will protect the franchisee's right to use the Marks. Alternatively, Aerus will indemnify the franchisee from any loss, costs, or expenses arising out of any claim, suit, or demand regarding the use of the Marks.
However, this protection is conditional. Aerus provides this protection only if the franchisee is using the Marks as provided in the manuals or as otherwise required by Aerus or its affiliates. This means that franchisees must adhere strictly to the guidelines and instructions provided by Aerus in their operational manuals and any other directives from the company or its affiliates regarding the use of trademarks and branding.
This condition is important for prospective franchisees to understand. Failure to use the Marks correctly, according to Aerus's standards, could result in the franchisee losing this protection and potentially being liable for any legal issues arising from trademark use. Therefore, franchisees in Minnesota should ensure they are thoroughly trained and consistently follow Aerus's guidelines for using the Marks to maintain this protection.