factual

How must an Aplus franchisee present themselves to the public during the term of the franchise agreement?

Aplus Franchise · 2024 FDD

Answer from 2024 FDD Document

2.4. Premises

You may receive either a Leased APLUS Store or Non-Leased APLUS Store, as indicated on the Summary Page. Further the Leased APLUS Store or Non-Leased APLUS Store may be located in a Captive Market, for which you may be subject to additional fees. Terms of this Agreement are further amended by the respective terms in Attachment 1. You must only operate the approved APLUS Store from the approved location and no other business unless otherwise authorized pursuant to this Agreement or approved by us in writing.

11.5. Advertising Pre-Approval

Franchisee shall submit to Franchisor, for its prior approval, all advertising and promotional materials to be used by Franchisee including, but not limited to, billboards, television ads, radio ads, ad copy, coupons, flyers, scripts, sponsorships, and direct mail. Franchisor shall use reasonable efforts to provide notice of approval or disapproval within thirty (30) days from the date all requested material is receive

13.20. Legal Compliance

In addition to complying with its obligations under this Agreement, you shall comply with all applicable federal, state, and local laws, rules, regulations, ordinances, and orders. Such laws, rules, regulations, ordinances, and orders vary from jurisdiction to jurisdiction and may be amended or implemented or interpreted in a different manner from time to time. It is your sole responsibility to apprise itself of the existence and requirements of all such laws, rules, regulations, ordinances, and orders and to adhere to them at all times during the term of this Agreement. Failure to comply with applicable federal, state, and local laws, rules, regulations, ordinances, and orders is a material breach of this Agreement and Franchisor reserves the right to terminate this Agreement immediately for cause and without an opportunity to cure.

13.22 Non-disparagement

Subject to applicable law, Franchisee and each Owner agree that neither will make any oral or written statement to the public or any third party that is false, negative, critical, or disparaging, implied or expressed, or otherwise degrades the reputation of, or concerning Franchisor or any of Franchisor's respective affiliates, subsidiaries, parents, and its respective owners, managers, board members, principals, officers, members, agents, or employees. This Section 13.22 shall not be construed to prohibit any person from responding when required by law, subpoena, court order, or the like.

13.23 Data Security and Privacy.

Franchisee must comply with all applicable federal, state and local laws, rules, and regulations regarding data security, protection, and privacy, including, without limitation and if applicable, the California Consumer Privacy Act ("CCPA"), Cal. Civ. Code § 1798.100, et seq. Franchisee must comply with any privacy policies, data protection polices, and breach response policies that Franchisor periodically may establish. Franchisee must notify Franchisor immediately regarding any actual or suspected data

  • 17.1.1. Immediately cease to operate the Franchised Business and shall not thereafter, directly or indirectly, represent to the public or hold itself out as a present or former franchisee of Franchisor;
  • 17.1.2. 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;
  • 17.1.3. 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 or any other Mark, and Franchisee shall furnish Franchisor with evidence satisfactory to Franchisor of compliance with this obligation within thirty (30) days after termination or expiration of this Agreement;

Source: Item 23 — RECEIPT (FDD pages 68–302)

What This Means (2024 FDD)

According to the 2024 Aplus Franchise Disclosure Document, during the term of the franchise agreement, franchisees must comply with several requirements regarding how they present themselves to the public. Specifically, franchisees must operate the Aplus store only from the approved location, unless otherwise authorized by Aplus in writing. This ensures that the Aplus brand is consistently represented at authorized sites. Additionally, franchisees are required to comply with all applicable federal, state, and local laws, rules, and regulations. This includes adhering to data security, protection, and privacy laws, such as the California Consumer Privacy Act (CCPA), if applicable. Franchisees must also follow any privacy policies and data protection policies established by Aplus. These measures are in place to maintain legal compliance and protect the reputation of both the franchisee and the Aplus brand.

Furthermore, Aplus franchisees must obtain prior approval from Aplus for all advertising and promotional materials, including billboards, television ads, radio ads, ad copy, coupons, flyers, scripts, sponsorships, and direct mail. Aplus will make reasonable efforts to provide notice of approval or disapproval within thirty days of receiving the materials. This pre-approval process ensures that all advertising aligns with Aplus's brand standards and marketing strategies. Franchisees also agree not to make any false, negative, critical, or disparaging statements about Aplus or its affiliates to the public or any third party. This non-disparagement clause helps protect Aplus's reputation and goodwill.

Upon termination or expiration of the franchise agreement, the franchisee must immediately cease operating the franchised business and cannot represent themselves as a current or former Aplus franchisee. They must also stop using any trade secrets, confidential information, the Aplus system, and the Aplus marks, including slogans, symbols, logos, advertising materials, stationery, and forms associated with the marks. Additionally, the franchisee must take necessary actions to cancel or assign to Aplus any assumed name registrations containing the name Aplus or any other mark. These post-termination requirements ensure a clean break and prevent any potential confusion or misuse of the Aplus brand and intellectual property.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.