Does the Aplus Franchisee Disclosure Questionnaire inquire about statements or promises contrary to the disclosure document?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
omic and business factors? | | 7. | | Has any employee or other person speaking on our behalf made any statement or promise | | concerning the revenues or profits of the APLUS Store that we or our franchisees operate? |
| 8. Has any employee or other person speaking on our behalf made any statement or promise concerning a APLUS Store that is contrary to, or different from, the information contained in the disclosure document? | |
|---|---|
| 9. | |
| Has any employee or other person speaking on our behalf made any statement or promise | |
| concerning the likelihood of success that you should or might expect to achieve from operating a APLUS | |
| Store? | |
| 10. | |
| Has any employee or other person speaking on our behalf made any statement, promise or | |
| agreement concerning the advertising, marketing, training, support service or assistance that we will furnish | |
| to you that is contrary to, or different from, the information contained in the disclosure document? | |
| 11. | |
| If you have answered "Yes" to any of questions 7 through 10, please provide a full explanation of | |
| your answer in the following blank lines. (Attach additional pages, if necessary, and refer to them below.) | |
| If you have answered "No" to each of these questions, please leave the following lines blank or write "not | |
| applicable" or "N/A". | |
| 12. | |
| Do you understand that in all dealings with you, our officers, directors, employees and agents act | |
| only in a representative capacity and not in an individual capacity and these dealings are solely between | |
| you and us? | |
| You understand that your answers are important to us and that we will rely on them. |
Source: Item 22 — CONTRACTS (FDD page 68)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the Franchisee Disclosure Questionnaire does address statements or promises that contradict the information provided in the disclosure document. Specifically, it asks prospective franchisees whether any employee or person speaking on behalf of Aplus made statements or promises concerning the Aplus store that are contrary to, or different from, the information contained in the disclosure document.
This inquiry is important for Aplus to ensure that franchisees are not relying on unauthorized information when making their investment decision. It also serves to protect Aplus from potential misrepresentation claims. The questionnaire also asks about statements or promises regarding the likelihood of success and the advertising, marketing, training, support service, or assistance that Aplus will furnish, again checking for consistency with the disclosure document.
Furthermore, the questionnaire instructs franchisees to provide a full explanation if they answer "Yes" to any of these questions, allowing Aplus to investigate further and address any discrepancies. Franchisees are also required to acknowledge that their answers are important and that Aplus will rely on them. This highlights the significance of providing truthful and accurate responses. The questionnaire also includes a notice for prospective franchisees in Maryland, stating that representations requiring them to assent to a release, estoppel, or waiver of liability do not act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
By including these questions in the Franchisee Disclosure Questionnaire, Aplus aims to ensure transparency and accuracy in the franchise sales process, protecting both the franchisee and the franchisor from potential misunderstandings or misrepresentations. Prospective franchisees should carefully review and answer these questions honestly, as their responses can have legal and financial implications.