In the context of the Aplus Premises Lease, what is required for any modification, understanding, or promise to be binding on Sunoco?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
NOTE: BEFORE SIGNING IN THE SPACE BELOW, YOU SHOULD CAREFULLY READ ALL OF THIS LEASE AGREEMENT, WHICH IS A BINDING LEGAL DOCUMENT CONTAINING SEVERAL PARTS AND ATTACHMENTS. THIS IS THE ENTIRE LEASE AGREEMENT BETWEEN SUNOCO AND YOU CONCERNING LEASING OF THE PREMISES. NO MODIFICATION TO OR UNDERSTANDINGS OR PROMISES CONCERNING THIS
PART I COVER PROVISIONS
LEASE AGREEMENT SHALL BE BINDING ON SUNOCO UNLESS IN WRITING AND SIGNED BY SUNOCO'S AUTHORIZED REPRESENTATIVE.
YOU ACKNOWLEDGE HAVING READ THIS LEASE AGREEMENT AND THAT YOU FULLY UNDERSTAND ALL OF THE TERMS, PROVISIONS, AND CONDITIONS HEREIN.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, any modifications, understandings, or promises related to the Premises Lease must be documented in writing and signed by an authorized representative of Sunoco to be considered binding. This requirement is explicitly stated in the lease agreement, emphasizing the importance of formal documentation.
This provision protects Sunoco from verbal agreements or informal understandings that could later be disputed. It ensures that all lease terms and any changes to those terms are clear, unambiguous, and officially approved by Sunoco. For a prospective Aplus franchisee, this means that any negotiation or agreement made with representatives of Aplus or Sunoco regarding the lease must be put in writing and properly signed by Sunoco to be enforceable.
It is a common practice in franchising and leasing agreements to require written documentation for any modifications to protect both parties. Franchisees should be diligent in ensuring that any promises or understandings are formalized in writing to avoid potential disputes or misunderstandings in the future. This requirement underscores the importance of careful review and documentation of all agreements related to the Aplus franchise.