Under what conditions does Aerus Franchising, LLC act as the attorney-in-fact and agent for the franchisee?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
| That , a , | |
|---|---|
| ("Franchisee") does hereby irrevocably constitute and appoint AERUS FRANCHISING, LLC, a | |
| Delaware limited liability company, its successors and assigns ("Company"), its true and lawful | |
| attorney-in-fact and agent for Franchisee and in Franchisee's name, place and stead, to do or cause | |
| to be done all things and to sign, execute, acknowledge, certify, deliver, accept, record and file all | |
| such agreements, certificates, instruments and documents as, in Company's sole discretion, will | |
| be necessary or advisable for the sole purposes of assigning to Company all rights in and to all | |
| leases for the Approved Locations and the telephone numbers, domain names and websites of the | |
| Franchised Business (as defined under the Franchise Agreement (hereinafter defined) and any | |
| other business listings thereof or of Franchisee. Company will have the authority to execute and | |
| deliver on Franchisee's behalf any and all documentation required, and Franchisee hereby grants | |
| unto Company full power and authority to do and perform any and all acts and things which, in | |
| Company's sole discretion, are necessary or advisable to be done as fully to all intents and purposes | |
| as Franchisee might or could itself do, hereby ratifying and confirming all that Company may | |
| lawfully do or cause to be done by virtue of this Power of Attorney and the powers herein granted. |
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Aerus Franchising, LLC can act as the attorney-in-fact and agent for the franchisee under specific conditions. Aerus is granted this power to manage leases, telephone numbers, domain names, websites, and other business listings associated with the franchised business. This authority is enacted to assign all rights in these assets to Aerus.
This arrangement allows Aerus to take necessary actions related to these business assets, including signing, executing, and filing documents, all in the franchisee's name. Aerus has the discretion to determine what actions are necessary or advisable for these purposes. The franchisee grants Aerus full power and authority to perform these acts, confirming that Aerus's actions are as binding as if the franchisee had performed them directly.
For a prospective franchisee, this means that Aerus has the legal authority to manage key aspects of the business's physical and online presence. This could be particularly relevant if the franchisee defaults or the franchise agreement is terminated, allowing Aerus to ensure a smooth transition or continuation of the business. Franchisees should carefully consider the implications of granting such broad authority to Aerus, especially concerning the control over essential business assets.