Where can I find the Store specific terms and conditions that amend the Aplus Franchise Agreement?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
7. Supplemental Terms:
The parties acknowledge and agree that the Agreement is hereby supplemented by the inclusion of the following terms and conditions:
"22. STORE SPECIFIC ADDITIONAL TERMS AND CONDITIONS
- 22.1. Construction/Conversion of Leased APLUS Store Premises
- 22.1.1. Within the timeframe established by Sunoco, Sunoco shall undertake such construction or conversion of the Premises as is necessary, in Sunoco's sole opinion, to make the Premises suitable for operation of an APLUS Store. Notwithstanding the foregoing, in addition to any other rights of termination, Sunoco may revoke this Agreement before the Commencement Date in the event any of the following conditions ("Conditions Precedent") have not been satisfied. The Conditions Precedent are as follows:
- 22.1.1.a. Sunoco must obtain, in a form satisfactory to Sunoco, all licenses, permits, variances, and other required governmental approvals necessary for such construction and conversion of the Premises.
- 22.1.1.b. Sunoco must obtain, in a form satisfactory to Sunoco, contractor(s) bid(s) covering all construction and/or conversion, including the cost of installing all Store equipment to be installed by Sunoco, but not including the purchase price of the Store equipment. Sunoco retains the right to reject any bids that are not acceptable in Sunoco's sole opinion.
- 22.1.1.c. If the Premises is located in a jurisdiction where beer and wine licenses are available to convenience food store operators, Franchisee must obtain a beer and wine license at your sole cost and expense. If by law, a beer and wine license is not available until construction is completed or the APLUS Store is open for business, this requirement shall be waived as a Condition Precedent; however, you acknowledge and agree you will diligently pursue obtaining a beer and wine license at the earliest possible date.
- 22.1.1.d. If before the Commencement Date, circumstances arise that render the
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, store-specific terms and conditions that amend the Aplus Franchise Agreement can be found in Section 22, titled "STORE SPECIFIC ADDITIONAL TERMS AND CONDITIONS." This section supplements the main agreement with terms specific to the construction or conversion of a leased Aplus store premises.
Specifically, Section 22.1.1 outlines conditions that Sunoco (the franchisor) must satisfy before the commencement date. These "Conditions Precedent" include obtaining necessary licenses, permits, and governmental approvals for the construction and conversion of the premises. Additionally, Sunoco must secure acceptable contractor bids for the construction and conversion work, including the installation of store equipment.
Another condition precedent involves the franchisee obtaining a beer and wine license, if applicable in the store's jurisdiction. However, this requirement may be waived if the license is not available until after construction is completed or the Aplus store is open. Finally, Sunoco retains the right to revoke or terminate the agreement if circumstances arise that make the construction or conversion uneconomical in Sunoco's opinion.