What actions related to prohibited merchandise at the Aplus store could lead to termination of the lease?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- (4) the sale, display, rental, or distribution at the APlus Store of prohibited merchandise or of any merchandise or service that Sunoco has notified you is of a quality that is not consistent with the favorable image of the Franchise;
13.17 Prohibited Sales
You are expressly prohibited from the display or sale of any adult/sophisticate magazines and/or materials at the APLUS Store. We also reserve the right to restrict you from the displaying or selling other items such as periodicals, videos, drug paraphernalia and other merchandise which may be offensive to the general public, or prohibited by applicable local laws or regulations. You are also expressly prohibited from selling synthetic marijuana (also known as Spice and K-2), drug paraphernalia and "bath salts". Bath salts may be known as Bliss Blue Light, Blue Silk, Charge, Cosmic Blast, Disco Concentrate Bath Salts, Ivory Snow, Ocean Burst, Pure Ivory, Purple Wave, Snow Leopard, Stardust, Tranquility Bath Salts, White Dove, White Knight, White Rush, Zeus 2, Ivory Wave, White Lightening or other names. Further, the sale of drug paraphernalia, such as glass smoking pipes are also prohibited. Sales of these products and any other prohibited product, as Franchisor may designate from time to time, can result in Franchisor's immediate termination of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to the 2024 Aplus Franchise Disclosure Document, the sale, display, rental, or distribution of prohibited merchandise at the Aplus store can lead to the termination or nonrenewal of the lease agreement with Sunoco. Additionally, selling any merchandise or service that Aplus (Sunoco) deems inconsistent with the favorable image of the franchise can also result in lease termination.
Specifically, Aplus franchisees are expressly prohibited from displaying or selling adult magazines or materials. Aplus also reserves the right to restrict the sale of other items, such as periodicals, videos, drug paraphernalia, and other merchandise that may be offensive to the general public or prohibited by local laws. The sale of synthetic marijuana (Spice, K-2), drug paraphernalia, and "bath salts" (including items marketed under names like Bliss Blue Light, Ivory Snow, or White Dove) is strictly forbidden.
Selling these prohibited products, or any other product Aplus designates as prohibited, can result in immediate termination of the Aplus Franchise Agreement. Since the lease agreement is tied to the franchise agreement, violating the prohibited sales clause can lead to the loss of both the franchise and the lease for the Aplus store premises. This underscores the importance of Aplus franchisees adhering to the list of prohibited items to avoid risking their business and lease.