Where can I find the full text of the sections summarized in this table regarding the Aplus franchise agreement?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 17: RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION]
| Provision | Section in franchise or other agreement | Summary | |
|---|---|---|---|
| q. | Non-competition covenants during the term of the franchise | No provision | There is no covenant by either party not to compete. |
| r. | Non-competition covenants after the franchise is terminated or expires | APLUS - 7 | In the event you or any owner is in default which has led to premature termination of the franchise agreement, you and any owner are prohibited from owning an interest in, investing in, managing, operating, or performing services, consulting with, or be employed by or for any competitive business located within 20 miles of your APLUS Store or any other APLUS Store, for two years after termination or expiration of the franchise agreement. Excepted from this restriction are any competitive businesses owned by you or an affiliate at the time of termination of the franchise agreement. |
| s. | Modification of the agreement | APLUS – 23.7 Premises - 2.27 | Except for those permitted to be made unilaterally by us under the APLUS Franchise Agreement or related agreements, the agreements may not be modified unless mutually agreed to in writing. |
| t. Integration/merger clause | APLUS – 23.7 Premises - 2.27 | Only the terms of the APLUS Franchise Agreement and related agreements are binding (subject to state law). Any representations or promises outside of the disclosure document and APLUS Franchise Agreement and related agreements may not be enforceable. Nothing in the APLUS Franchise Agreement and related agreements is intended to disclaim any representations we made in this disclosure document. | |
| u. | Dispute resolution by arbitration or mediation | No provision | None |
| v. | Choice of Forum | APLUS – 24.2 | Subject to applicable state law, the venue for all proceedings related to or arising out of the APLUS Franchise Agreement is Dallas, Texas. See the State Specific Addenda attached to this Disclosure Document. |
| w. | Choice of Law | APLUS – 24.1 | Texas law applies (subject to applicable state law). See the State Specific Addenda attached to this Disclosure Document. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 53–64)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, Item 17 provides a summary of various provisions within the Aplus franchise agreement and related agreements. The table within Item 17 includes a column labeled "Section in franchise or other agreement." This column specifies the exact section number within the Aplus Franchise Agreement or Premises agreement where the full text of each summarized provision can be found.
For example, if you are interested in the franchisor's right of first refusal to acquire the franchisee's business, the summary in the table refers you to "APLUS - 19 Premises - 2.22" for the complete details. Similarly, the franchisor's option to purchase the franchisee's business is detailed in "APLUS – 17.4", and obligations upon termination or non-renewal are found in "APLUS - 17 Premises - 2.23".
To find the complete and legally binding details of any of these summarized points, a prospective Aplus franchisee should refer directly to the specified sections within the actual Aplus franchise agreement and related documents. These documents are typically provided as exhibits to the Franchise Disclosure Document.