factual

Under what conditions can Aerus withdraw funds from a franchisee's bank account?

Aerus Franchise · 2025 FDD

Answer from 2025 FDD Document

  • A. At Company's option, Company may withdraw funds from Franchisee's designated bank account by electronic funds transfer or comparable method in the amount of any Payment or any other amounts due hereunder to Company and for all subsequent payments due to Company, as further described in the Manuals or otherwise in writing. Franchisee shall at all times maintain in its designated bank account a minimum balance in the amount specified in the Manuals.

ATTACHMENT B

ELECTRONIC FUNDS TRANSFER AUTHORIZATION

The undersigned Depositor (Franchisee) hereby authorizes and requests the Depository designated below to honor and to charge to the following designated account, checks and electronic debits (collectively, "debits") drawn on such account which are payable to Aerus Franchising, LLC (or its designee) as Payee at the banking institution, account number and ABA number to be separately provided to Depository by Payee. It is agreed that Depository's rights with respect to each such debit shall be the same as if it were a check drawn and signed by the Depositor. It is further agreed that if any such debit is not honored, whether with or without cause and whether intentionally or inadvertently, Depository shall be under no liability whatsoever. This authorization shall continue in force until Depository and Payee have received at least thirty (30) days written notification from Depositor of its termination.

The Depositor agrees with respect to any action taken pursuant to the above authorization:

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

What This Means (2025 FDD)

According to Aerus's 2025 Franchise Disclosure Document, Aerus has the option to withdraw funds from a franchisee's designated bank account under specific conditions. Aerus can do so through electronic funds transfer or a comparable method. This withdrawal can be made to cover the amount of any Payment due to Aerus, as well as any other amounts owed under the Franchise Agreement. This includes all subsequent payments that become due to Aerus.

To facilitate these withdrawals, the franchisee is required to maintain a minimum balance in their designated bank account. The specific amount of this minimum balance is detailed in the Aerus manuals. This ensures that sufficient funds are available for Aerus to withdraw payments when they are due.

Furthermore, the franchisee must authorize electronic funds transfers, allowing Aerus Franchising, LLC to debit their account for payments. The franchisee also agrees to indemnify both the depository and Aerus for any losses incurred if a debit is not honored, regardless of the reason. This authorization remains in effect until the depository and Aerus receive a 30-day written notice of termination from the franchisee.

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.