Is the Aplus Franchisee Disclosure Questionnaire intended to identify untrue statements or promises?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
As you know, Sunoco Retail LLC and you are preparing to enter into a Franchise Agreement for the operation of an APLUS Store. In this Franchisee Disclosure Questionnaire, Sunoco Retail LLC will be referred to as "we" or "us." The purpose of this Questionnaire is to determine whether any statements or promises were made to you that we did not authorize and that may be untrue, inaccurate or misleading. Please review each of the following questions carefully and provide honest and complete responses to each question.
Source: Item 22 — CONTRACTS (FDD page 68)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the Franchisee Disclosure Questionnaire is designed to uncover any unauthorized, untrue, inaccurate, or misleading statements or promises made to prospective franchisees. The questionnaire requires franchisees to confirm they have reviewed and understood the Franchise Agreement and the disclosure document. It also asks whether any employee or representative of Aplus has made statements about potential revenues, profits, advertising, marketing, training, or support that contradict the information provided in the disclosure document.
Specifically, the questionnaire asks potential franchisees to confirm whether they have discussed the risks and benefits of operating an Aplus store with a professional advisor and whether they understand that their success depends on their skills, abilities, and various economic factors. It also seeks to identify any representations made by Aplus employees or representatives regarding the revenues or profits of an Aplus store. By completing this questionnaire, franchisees acknowledge the importance of their answers and that Aplus will rely on them.
However, the FDD states that prospective franchisees in Maryland should not complete the questionnaire or respond to any of the questions. This suggests that Aplus may have specific legal considerations or requirements related to franchise disclosure in Maryland. The questionnaire also includes a clause stating that representations requiring franchisees to release, estop, or waive liability do not act as a release, estoppel, or waiver of any liability incurred under Maryland Franchise Registration and Disclosure Law.
Overall, the Franchisee Disclosure Questionnaire serves as a tool for Aplus to ensure that prospective franchisees have received accurate information and to identify any potential misrepresentations made during the franchise sales process. It also helps Aplus comply with franchise disclosure laws and protect itself from potential legal claims.