Under what conditions does the Wisconsin Addendum to the Disclosure Document apply to an Aerus franchise?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
To the extent the Wisconsin Franchise Investment Law, Wis. Stat. §§553.01 – 553.78 or Wisconsin Fair Dealership Law, Wis. Stat. §§135.01 – 135.07 applies, the terms of this Addendum apply.
Item 17, Additional Disclosures:
For all franchisees residing in the State of Wisconsin, we will provide you at least 90 days' prior written notice of termination, cancellation or substantial change in competitive circumstances. The notice will state all the reasons for termination, cancellation or substantial change in competitive circumstances and will provide that you have 60 days in which to cure any claimed deficiency. If this deficiency is cured within 60 days, the notice will be void. If the reason for termination, cancellation or substantial change in competitive circumstances is nonpayment of sums due under the franchise, you will have 10 days to cure the deficiency.
For Wisconsin franchisees, Ch. 135, Stats., the Wisconsin Fair Dealership Law, supersedes any provisions of the Franchise Agreement or a related contract which is inconsistent with the Law.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to the 2025 Aerus Franchise Disclosure Document, the Wisconsin Addendum to the Disclosure Document applies to an Aerus franchise to the extent that the Wisconsin Franchise Investment Law, Wis. Stat. §§553.01 – 553.78, or the Wisconsin Fair Dealership Law, Wis. Stat. §§135.01 – 135.07, applies. This means that if either of these Wisconsin state laws are relevant to the franchise relationship, the terms outlined in the Wisconsin Addendum will take precedence.
For franchisees residing in Wisconsin, Aerus will provide at least 90 days' prior written notice of termination, cancellation, or substantial change in competitive circumstances. This notice will include all the reasons for such actions and allow the franchisee 60 days to cure any claimed deficiency. If the deficiency is related to nonpayment, the franchisee has 10 days to cure it.
Furthermore, for Wisconsin franchisees, the Wisconsin Fair Dealership Law (Ch. 135, Stats.) supersedes any conflicting provisions in the Franchise Agreement or related contracts. This ensures that Wisconsin franchisees receive the protections afforded to them under state law, regardless of what the standard franchise agreement might state. This addendum modifies the original agreement to comply with Wisconsin law, prioritizing the franchisee's rights under those statutes.