Can Aerus use System Media Fund contributions to offset costs associated with the creative development and production of advertising materials?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
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- The System Media Fund will be used only (except as otherwise provided below) to meet any and all costs of maintaining, administering, directing, conducting, creating, and/or otherwise preparing advertising, marketing, public relations and promotional programs and materials, and any other activities that we believe will enhance the image of the Programs.
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- We have the right to use System Media Fund contributions to, among other things, prepare and/or conduct media advertising campaigns, social media campaigns, direct mail advertising, marketing surveys and other public relations activities; employ advertising and/or public relations agencies to assist in doing so; purchase promotional items; develop new or modified trade dress and marks; point-of-purchase (POP) materials; design and photographs; conduct and administer visual merchandising, and other merchandising programs; purchase media space or time (including all associated fees and expenses); administer regional and multi-regional marketing and advertising programs; engage in or retain third parties to engage in market research and customer satisfaction surveys; develop and implement customer loyalty and gift card programs; customer retention programs; offset costs associated with the creative development of, and actual production associated
Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 36–43)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the System Media Fund can be used to offset costs associated with the creative development and production of advertising materials. Aerus has the right to direct all advertising programs and all aspects of the System Media Fund.
The System Media Fund will be used to meet the costs of preparing advertising, marketing, public relations, and promotional programs and materials. Aerus has the right to use the System Media Fund contributions to prepare and conduct media advertising campaigns, social media campaigns, direct mail advertising, marketing surveys and other public relations activities. They may also employ advertising and/or public relations agencies, purchase promotional items, develop new or modified trade dress and marks, point-of-purchase (POP) materials, and design and photographs.
Additionally, the funds can be used to conduct and administer visual merchandising and other merchandising programs, purchase media space or time, administer regional and multi-regional marketing and advertising programs, engage in or retain third parties to engage in market research and customer satisfaction surveys, and develop and implement customer loyalty and gift card programs. The fund can also be used for customer retention programs, to offset costs associated with the creative development of, and actual production associated with, premium items, giveaways, promotions, contests, public relation events, and charitable or non-profit events, develop and maintain websites, provide promotional and other marketing materials and services to Franchised Businesses, and offset the salaries of employees to the extent such employees provide services in conjunction with System marketing activities. Aerus has the sole right to decide how the System Media Fund creates, places, and pays for marketing.
Aerus can charge the System Media Fund for the reasonable administrative costs and overhead that they incur in activities related to the direction and implementation of the System Media Fund and marketing programs. The System Media Fund is not used for ordinary operating expenses of Aerus, and it is not a trust. Aerus does not assume any fiduciary obligation to franchisees for maintaining, directing, or administering the System Media Fund.