Is an Aplus franchisee prohibited from selling adult magazines or materials at the Premises?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
You are expressly prohibited from the display or sale of any adult/sophisticate magazines and/or materials at the APLUS Store. We also reserve the right to restrict you from the displaying or selling other items such as periodicals, videos, drug paraphernalia and other merchandise which may be offensive to the general public, or prohibited by applicable local laws or regulations. You are also expressly prohibited from selling synthetic marijuana (also known as Spice and K-2), drug paraphernalia and "bath salts". Bath salts may be known as Bliss Blue Light, Blue Silk, Charge, Cosmic Blast, Disco Concentrate Bath Salts, Ivory Snow, Ocean Burst, Pure Ivory, Purple Wave, Snow Leopard, Stardust, Tranquility Bath Salts, White Dove, White Knight, White Rush, Zeus 2, Ivory Wave, White Lightening or other names. Further, the sale of drug paraphernalia, such as glass smoking pipes are also prohibited. Sales of these products and any other prohibited product, as Franchisor may designate from time to time, can result in Franchisor's immediate termination of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to the 2024 Aplus Franchise Disclosure Document, franchisees are expressly prohibited from displaying or selling adult magazines and/or materials at the Aplus store. Aplus also reserves the right to restrict franchisees from displaying or selling other items such as periodicals, videos, drug paraphernalia, and other merchandise which may be offensive to the general public, or prohibited by applicable local laws or regulations. Franchisees are also expressly prohibited from selling synthetic marijuana (also known as Spice and K-2), drug paraphernalia, and "bath salts".
This prohibition is significant for prospective franchisees as it directly impacts the products they can offer in their Aplus store. Failure to comply with these restrictions can lead to immediate termination of the Franchise Agreement. This means franchisees need to be aware of and adhere to Aplus's standards regarding prohibited items to avoid potential penalties.
Furthermore, Aplus retains the right to modify the list of prohibited items, requiring franchisees to stay informed about any changes to ensure ongoing compliance. This clause underscores the importance of maintaining open communication with Aplus and staying updated on any policy changes to avoid inadvertently violating the agreement. The list of prohibited items also includes synthetic marijuana, drug paraphernalia, and "bath salts", with specific examples of bath salts provided, highlighting the level of detail and strictness of these regulations.