Besides the franchise agreement, what other sources of information regarding requirements, specifications, standards, operating procedures, and rules must the Aplus franchisee and their employees strictly comply with?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
While this Agreement is in effect, Franchisor shall lend to Franchisee one digital or paper copy of the Manual. The Manual shall be treated as an integral and material part of this Agreement. The Manual sets forth procedures, standards, methods, specifications, and requirements for the operation of the APLUS Store and your Franchised Business. Franchisee shall conduct the Franchised Business in strict accordance with the provisions set forth in the Manual. The Manual may consist of one or more separate manuals and other materials as designated by Franchisor and may be in written or electronic form. The Manual shall, at all times, remain the sole property of Franchisor and shall promptly be returned to Franchisor upon expiration or termination of this Agreement, and Franchisee shall destroy any copies (electronic or otherwise) of the Manual in its possession.
In addition to complying with its obligations under this Agreement, you shall comply with all applicable federal, state, and local laws, rules, regulations, ordinances, and orders. Such laws, rules, regulations, ordinances, and orders vary from jurisdiction to jurisdiction and may be amended or implemented or interpreted in a different manner from time to time. It is your sole responsibility to apprise itself of the existence and requirements of all such laws, rules, regulations, ordinances, and orders and to adhere to them at all times during the term of this Agreement. Failure to comply with applicable federal, state, and local laws, rules, regulations, ordinances, and orders is a material breach of this Agreement and Franchisor reserves the right to terminate this Agreement immediately for cause and without an opportunity to cure.
Franchisee must comply with any privacy policies, data protection policies, and breach response policies that Franchisor periodically may establish.
Notwithstanding the fact that franchisee must purchase, use, and maintain the Computer System consistent with our standards and specifications, franchisee will have sole and complete responsibility for: (1) the acquisition, operation, maintenance, updates and upgrading of the Computer System, including compliance with the standards that we periodically require; (2) the manner in which your Computer System interfaces with our computer system and those of other third parties; (3) the installation, maintenance and support of the Computer System, although Franchisor may from time to time require or recommend third parties to provide these functions; and (4) any and all consequences that may arise if the Computer System is not properly operated, maintained and upgraded, including but not limited to virus and spyware issues.
All of your Computer Systems must be compliant with all applicable laws, regulations, and commonly accepted industry standards, including without limitation those laws, regulations, and commonly accepted industry standards relating to privacy, data security, and the processing and protection of confidential personal information, including without limitation the Payment Card Industry Data Security Standards and all other standards applicable to electronic payments that may be published from time to time by payment card companies.
Franchisee shall keep the Franchised Business open for business for the number of hours and days per week as described on Attachment 1.
Franchisee is required to obtain licenses and certifications as Franchisor may specify, which Franchisee shall obtain within the time period specified by Franchisor.
Franchisee shall operate the Franchised Business so that it is clearly identified and advertised as an APLUS Store. Franchisee shall use the trademark "APLUS" and the other Marks which now or hereafter may form a part of the System, on all signs, suppliers, business cards, uniforms, advertising materials, Technology platforms, signs and other articles in the identical combination and manner as the Franchisor may prescribe in writing and Franchisee shallsupply to the Franchisorsamples and photographs of the same upon Franchisor's request.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, franchisees and their employees must adhere to several sources of information beyond the franchise agreement itself. The most prominent of these is the Aplus Manual, which the FDD states is an integral and material part of the agreement. The manual contains the procedures, standards, methods, specifications, and requirements for operating the Aplus store and the franchised business. Franchisees are required to conduct their business in strict accordance with the manual's provisions. The manual can be in written or electronic form and may consist of multiple separate manuals and other materials designated by Aplus. The manual remains the sole property of Aplus and must be returned upon expiration or termination of the agreement, with all copies destroyed.
In addition to the Aplus Manual, franchisees must comply with all applicable federal, state, and local laws, rules, regulations, ordinances, and orders. These legal requirements can vary and change over time, making it the franchisee's responsibility to stay informed and compliant. Failure to comply with these laws and regulations constitutes a material breach of the franchise agreement. Franchisees must also adhere to any privacy policies, data protection policies, and breach response policies that Aplus may periodically establish.
Furthermore, Aplus franchisees are required to use a Computer System that meets Aplus's standards and specifications and complies with all applicable laws, regulations, and commonly accepted industry standards, including those related to privacy, data security, and electronic payments. Franchisees must also keep the Franchised Business open for business for the number of hours and days per week as described on Attachment 1. Franchisees must also obtain licenses and certifications as Aplus may specify, within the time period specified by Aplus. Finally, franchisees must operate the Franchised Business so that it is clearly identified and advertised as an APLUS Store and use the trademark "APLUS" and the other Marks which now or hereafter may form a part of the System, on all signs, suppliers, business cards, uniforms, advertising materials, Technology platforms, signs and other articles in the identical combination and manner as the Franchisor may prescribe in writing and Franchisee shallsupply to the Franchisorsamples and photographs of the same upon Franchisor's request.