What aspects of the Aplus Franchise Agreement might be different for the transferee?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall not relocate the Franchised Business without the prior written consent of Franchisor. If the parties do not agree upon a substitute site within ninety (90) days after Sunoco's receipt of your notice, this Agreement shall terminate as provided in Section 16.2.1. Any such relocation shall be at Franchisee's sole expense, and shall proceed in accordance with the Sunoco's then-current requirements and specifications. You agree to enter into a new APLUS Franchise Agreement for the balance of the term of this Agreement, however you will not be required to pay a new franchise fee.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
Based on the 2024 Aplus Franchise Disclosure Document, a franchisee who relocates their Aplus store may be subject to different terms in their franchise agreement. Specifically, while they won't be required to pay a new franchise fee, they will be required to sign a new Aplus Franchise Agreement for the balance of the original term.
This means that the transferee's agreement will reflect the remaining duration of the initial agreement. It also suggests that other terms and conditions could be updated to reflect the current Aplus franchise policies at the time of relocation. This could include changes to royalty fees, marketing requirements, operational standards, or technology requirements.
Prospective Aplus franchisees should carefully review the terms of the new franchise agreement in the event of a relocation to understand any changes or updates that may affect their obligations and rights. It is important to seek legal counsel to fully understand the implications of signing a new agreement, even if it is for the remaining term of the original agreement.