What claims are Aplus franchisees waiving against the franchisor regarding disruptions or security breaches?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
You are solely responsible for protecting yourself from disruptions, internet access failures, Internet content failures, and attacks by hackers and other unauthorized intruders and you waive any and all claims you may have against us or our affiliates as the direct or indirect result of such disruptions, security breach and promptly identify and remediate the source of any compromise of security breach at your expense. You assume all responsibility for providing all notices of breach or compromise and all duties to monitor credit histories and transactions concerning customers of the franchised business, unless otherwise directed by us.
You agree to release and hold us and our affiliates and our respective officers and directors, harmless from and against any and all claims, liability, damages or causes of action of any nature arising from or in connection with the installation, maintenance or operation of the Information System and its billing and payment processing, except to the extent arising from such party's gross negligence or intentional acts.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, AND TRAINING (FDD pages 40–47)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, franchisees are responsible for protecting themselves from disruptions, internet access failures, internet content failures, and attacks by hackers or other unauthorized intruders. This means that Aplus franchisees agree to release Aplus and its affiliates from any claims that may arise as a direct or indirect result of such disruptions or security breaches. Franchisees also take on the responsibility of identifying and fixing any security breach at their own expense.
Furthermore, Aplus franchisees assume all responsibility for providing notices of any breach or compromise of data. They are also responsible for monitoring credit histories and transactions concerning customers of the franchised business, unless Aplus directs otherwise. This indicates that Aplus places the onus on the franchisee to manage and mitigate risks associated with data security and system disruptions.
In addition to the above, Aplus franchisees agree to release and hold harmless Aplus and its affiliates, including their officers and directors, from any claims, liability, damages, or causes of action related to the installation, maintenance, or operation of the Information System, including billing and payment processing. The only exception to this release is if the claim arises from the gross negligence or intentional acts of Aplus or its affiliates. This clause further protects Aplus from liability related to the technology systems used in the Aplus store, placing the responsibility on the franchisee to manage and maintain these systems effectively.