factual

As an Aplus franchisee, what is my primary responsibility regarding the Aplus Store and Premises?

Aplus Franchise · 2024 FDD

Answer from 2024 FDD Document

upplier. Approval of a supplier may be conditioned on the supplier's ability to provide sufficient quantity of product; quality of products or services at competitive prices; production and delivery capability; and dependability and general reputation. Nothing in this Section 13.1.3 shall be construed to require Franchisor to approve any particular supplier,

or to require Franchisor to make available to prospective suppliers, standards and specifications that Franchisor deems confidential.

  • 13.1.4. Notwithstanding anything contrary in this Agreement, Franchisor has the right to review from time to time its approval of any items or suppliers. Franchisor may revoke its approval of any item, service or supplier at any time by notifying Franchisee and/or the supplier. Franchisee shall, at its own expense, promptly cease using, selling or providing any items or services disapproved by Franchisor.
  • 13.1.5. If required under the terms of any buying group imposed by Franchisor, Franchisee agrees at all times during the Term to make the required total inventory purchases of up to ninety percent (90%) of your total inventory purchases and, separately, up to ninety percent (90%) of your cigarette purchases, both computed monthly at cost, from Approved Suppliers or Designated Specific Suppliers in compliance with the Approved Vendor Purchase Requirement.
  • 13.1.6. Though the products, suppliers, or services are approved by the Franchisor, the Franchisor or its affiliate make no warranty and expressly disclaim all warranties, including warranties of merchantability for any particular purpose with respect to fixtures, furniture, equipment (including without limitation, any and all required computer systems) supplies or other approved items.

13.2. Appearance and Condition of the Franchised Business

Franchisee shall comply with the housekeeping and maintenance provisions in the Manual regarding the Premises, the APLUS Store, the Store Equipment, and if applicable, the Loaned Store Equipment. Franchisee shall comply with all repair, replacement, health, safety, and security standards and specifications of Franchisor and any applicable laws or regulations. The expense of such maintenance shall be borne by Franchisee and shall be in addition to any required System modifications, as described in Section 10.2.

13.3. Ownership and Management

  • 13.3.1. The Franchised Business shall, at all times, be under the direct supervision of Franchisee. The Designated Manager shall devote full time and best efforts to the management of the dayto-day operation of the Franchised Business, but not less than forty (40) hours per week, including 8:30 a.m. to 4:30 p.m. on at least three weekdays (Monday through Friday), excluding vacation, sick leave and similar absences. Franchisee shall keep Franchisor informed, in writing, at all times of the identity of its Designated Manager. Franchisee must not engage in any business or other activities that will conflict with its obligations under this Agreement.
  • 13.3.2. Franchisee shall maintain a competent, conscientious, and trained staff (who shall have been adequately trained by Franchisee) in numbers sufficient to service customers promptly and properly, including at least a manager or shift leader on duty at all times at which the Franchised Business is open (including daily Franchised Business opening and closing procedures), and shall take such steps as are necessary to ensure that its employees preserve good customer relations and comply with such dress code as Franchisor may prescribe. In addition, Franchisee and its employees shall handle all customer complaints, refunds, returns or other adjustments in accordance with Franchisor's policies as set forth in the Manual or otherwise in writing.

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

What This Means (2024 FDD)

According to Aplus's 2024 Franchise Disclosure Document, franchisees are responsible for maintaining the appearance and condition of their franchised business. This includes complying with housekeeping and maintenance provisions outlined in the Aplus manual, which covers the premises, the Aplus store itself, store equipment, and any loaned equipment. Franchisees must also adhere to all repair, replacement, health, safety, and security standards and specifications set by Aplus, as well as any applicable laws or regulations. The franchisee bears the expense of this maintenance, which is separate from any required system modifications.

Specifically, Aplus franchisees must keep the premises, loaned equipment, and their own property and equipment on the premises in a clean, neat, orderly, sanitary, safe, and trash- and weed-free condition, following the Franchisee Maintenance Responsibility Schedule. This encompasses general housekeeping and specific restroom maintenance.

Upon termination or expiration of the lease, the franchisee is obligated to return the premises and loaned equipment to Sunoco (likely the parent company) in the condition in which they were obligated to maintain them during the franchise term. Sunoco is responsible for performing or having performed all other maintenance and repairs to the Premises or Loaned Equipment, except as set forth in Section 2.13(A) and in the Franchisee Maintenance Responsibility Schedule.

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.