Under what conditions 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, Aerus will protect a franchisee's right to use the Marks or indemnify the franchisee from any losses, costs, or expenses if the franchised business is located in Minnesota. This protection applies to any claim, suit, or demand regarding the use of the Marks. However, this protection is conditional.
The key condition for Aerus to provide this protection or indemnification is that the franchisee must be using the Marks as provided in the manuals or as otherwise required by Aerus or its affiliates. This means that the franchisee must adhere to the guidelines and instructions provided by Aerus regarding the proper use of its trademarks and branding.
This clause is part of a Minnesota addendum, indicating that Minnesota law provides specific protections to franchisees. It is important for prospective franchisees in Minnesota to understand that while Aerus offers this protection, it is contingent on their compliance with the brand's standards for using its Marks. Failure to adhere to these standards could void Aerus's obligation to defend or indemnify the franchisee in case of a claim or lawsuit.