Is an Aplus franchisee permitted to claim inadequate notice to deny an Area Representative admittance to the Aplus store?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- (c) Franchisee and its controlling principals further acknowledge and agree that Franchisee will permit the Area Representative and its approved employees the same access to the APLUS Store, for inspections and other permitted APLUS Store visits under this Agreement as if the Area Representative was an employee of Franchisor. Franchisee agrees not to claim any defense of inadequate notice or other issue relating to an Area Representative in attempting to deny the Area Representative admittance in reasonable pursuit of its duties that are permitted or required of Franchisor in this Agreement.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, franchisees are explicitly prohibited from using a claim of inadequate notice to deny access to an Area Representative. Aplus may designate Area Representatives to assist in offering franchises and servicing Aplus stores within a specific geographic area. These representatives act as independent contractors and must complete a training program.
Franchisees acknowledge that if their Aplus store is within an Area Representative's territory, a substantial amount of the services that Aplus is required to provide may be delivered by the designated Area Representative.
To ensure the Area Representative can fulfill their duties, franchisees must allow them the same access to the Aplus store for inspections and visits as if they were an employee of Aplus. The franchisee agrees not to claim inadequate notice or any other issue to deny the Area Representative admittance while they are reasonably pursuing duties permitted or required of Aplus under the Franchise Agreement.