What Wisconsin statutes are referenced in the Aerus Wisconsin Addendum to the Disclosure Document?
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.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Wisconsin Addendum references two specific Wisconsin statutes. These are the Wisconsin Franchise Investment Law, detailed in Wis. Stat. §§553.01 – 553.78, and the Wisconsin Fair Dealership Law, outlined in Wis. Stat. §§135.01 – 135.07. The addendum states that its terms apply to the extent that either of these laws are applicable.
For prospective Aerus franchisees in Wisconsin, this means that the franchise agreement is subject to these Wisconsin laws. Specifically, the addendum highlights that Wisconsin franchisees will receive at least 90 days' prior written notice of termination, cancellation, or substantial changes in competitive circumstances. This notice must include the reasons for such actions and provide a 60-day period to cure any deficiencies, except in cases of nonpayment, where only 10 days are given to cure the deficiency.
The addendum also clarifies that Chapter 135 of the Wisconsin Statutes, known as the Wisconsin Fair Dealership Law, takes precedence over any conflicting provisions in the franchise agreement or related contracts. This ensures that Wisconsin franchisees are protected by the specific provisions of Wisconsin law, regardless of what the standard Aerus franchise agreement might state. This is particularly relevant concerning notice of termination or changes in the dealership, where Section 135.04 of the Wisconsin Fair Dealership Law will apply if there are any inconsistencies.