Under the Wisconsin Addendum, can an Aerus franchisee waive claims under any applicable state franchise law, including fraud in the inducement, through a signed statement, questionnaire, or acknowledgment?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
WISCONSIN ADDENDUM TO DISCLOSURE 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.
WISCONSIN ADDENDUM TO FRANCHISE AGREEMENT
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.
- Notwithstanding anything to the contrary contained in the Franchise Agreement, to the extent that the Franchise Agreement contains provisions that are inconsistent with the following, such provisions are hereby amended:
To the extent any of the provisions regarding notice of termination or change in dealership are in conflict with Section 135.04 of the Wisconsin Fair Dealership Law, the Wisconsin law shall apply.
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- Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Franchise Agreement.
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- Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Wisconsin Addendum addresses the relationship between the Wisconsin Franchise Investment Law, Wis. Stat. §§553.01 – 553.78, the Wisconsin Fair Dealership Law, Wis. Stat. §§135.01 – 135.07, and the franchise agreement.
Specifically, for franchisees residing in Wisconsin, Aerus must provide at least 90 days' prior written notice of termination, cancellation, or substantial change in competitive circumstances. This notice must detail the reasons for such actions and allow the franchisee 60 days to cure any claimed deficiency, or 10 days if the reason is nonpayment.
Moreover, the Wisconsin Fair Dealership Law supersedes any conflicting provisions in the franchise agreement or related contracts. However, the document does not explicitly state whether an Aerus franchisee can waive claims under any applicable state franchise law, including fraud in the inducement, through a signed statement, questionnaire, or acknowledgment.