Upon expiration or termination of the Aerus franchise agreement, what must the franchisee do with materials bearing the Marks?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
m Sales Requirement set forth in Schedule 4 attached hereto. The existence, substance and process of any such system would be the sole and exclusive discretion of Company and may be implemented, revoked or modified (upon reasonable notice to Franchisee) at any time and from time to time.
E. Upon expiration or termination of this Agreement, Franchisee and Franchisee's principals shall:
(1) Immediately cease operation of the Franchised Business and any use of the Marks, Software and Administration Systems or the Customer Data for any reason or purpose; promptly remove all signs, markings, or other writings and, immediately discontinue all advertising or publicity, that tend to indicate that Franchisee is a franchisee of Company or seller of Products; and immediately discontinue all advertising or publicity and take all actions necessary to comply with the foregoing, including instructing all publishers of any telephone directory or listing not to renew, repeat or insert any listing or advertisement using the word "Aerus", "Lux" or "Electrolux" or any other term or identifier associating Franchisee with Company.
(2)
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, upon expiration or termination of the franchise agreement, the franchisee must immediately cease operation of the franchised business and any use of the Marks. This includes the Aerus trademarks, service marks, logos, and other commercial symbols associated with the brand. The franchisee must promptly remove all signs, markings, or other writings that indicate they are an Aerus franchisee or seller of Aerus products. They must also immediately discontinue all advertising or publicity that would suggest an affiliation with Aerus.
To ensure compliance, the franchisee is required to instruct all publishers of any telephone directory or listing not to renew, repeat, or insert any listing or advertisement using the word "Aerus", "Lux" or "Electrolux" or any other term or identifier associating Franchisee with Company. Additionally, the franchisee must immediately cause the cancellation or termination of any assumed name filings for the Approved Name or otherwise including the name "Aerus", "Lux" or "Electrolux" or any of the Marks.
These requirements are typical in franchising to protect the brand's integrity and prevent consumer confusion after a franchise relationship ends. Failing to comply with these post-termination obligations could lead to legal action from Aerus to enforce its trademark rights and protect its brand reputation. Franchisees should carefully review these obligations in the franchise agreement and ensure they understand their responsibilities upon termination or expiration.