What must the Aplus franchisee notify upon termination or expiration of the franchise?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
ated against it under federal bankruptcy laws |
| Provision | Section in franchise or other agreement | Summary |
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| or | ||
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| laws; | ||
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| judgments against it or any Owner for over 30 | ||
| days, (xxiii) any default under any agreement | ||
| between you and us or our Affiliate (cross | ||
| defaults) (xxiv) failure on 2 or more separate | ||
| noticed occasions to comply with the same | ||
| obligation in any time-frame, and (xxv) receive | ||
| two or more default notices within 12 month time | ||
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| any | ||
| violation | ||
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| franchise | ||
| agreement or the System Standards. | ||
| i. Franchisee's obligations on termination/ nonrenewal | APLUS - 17 Premises - 2.23 | Upon termination or non-renewal of the APLUS Franchise Agreement only, you must: (i) immediately cease to operate the APLUS Store; (ii) cease to use the Trade Secrets or other Confidential Information, the System and the Marks including, without limitation, all slogans, symbols, logos, advertising materials, stationery, forms and any other items which display or are associated with the Marks; (iii) take such action as may be necessary to cancel or assign to Franchisor, at Franchisor's option, any assumed name or equivalent registration filed with state, city or county authorities which contains the name APLUS, SUNOCO, or any other Mark, and you must provide to Franchisor with evidence satisfactory to Franchisor of compliance with this obligation within thirty (30) days after termination or expiration of this Agreement; (iv) pay all sums owing to Franchisor and any affiliate (v) pay to Franchisor all costs and expenses, including reasonable attorneys' fees, incurred by Franchisor subsequent to the termination or expiration of the Franchise in obtaining injunctive or other relief for the enforcement of any provisions of the franchise agreement; |
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, upon termination or non-renewal of the Aplus Franchise Agreement, the franchisee has several obligations. The franchisee must immediately cease operating the Aplus Store and discontinue using any trade secrets, confidential information, the system, and the marks associated with Aplus, Sunoco, or any other mark. This includes refraining from using slogans, symbols, logos, advertising materials, stationery, forms, and any other items linked to these marks.
Additionally, the franchisee is required to take necessary actions to cancel or assign any assumed name or equivalent registration filed with state, city, or county authorities that contain the names Aplus, Sunoco, or any other mark to the franchisor, at the franchisor's option. Evidence of compliance with this obligation must be provided to Aplus within 30 days after the termination or expiration of the agreement. The franchisee must also pay all outstanding sums owed to Aplus and its affiliates, as well as cover all costs and expenses, including reasonable attorneys' fees, incurred by Aplus in enforcing any provisions of the franchise agreement after termination or expiration.
Furthermore, the franchisee is obligated to immediately return the Systems Manual, trade secrets, and all other confidential information, including records, files, instructions, brochures, agreements, referral contact lists, disclosure statements, and any other materials related to the operation of the Aplus Store. Lastly, the franchisee must assign all of their email addresses, websites, and telephone listings and numbers to Aplus.