Is an Aplus franchisee relieved of liability to third parties if Sunoco assumes responsibility for a repair?

According to Aplus's 2024 Franchise Disclosure Document, if Sunoco assumes responsibility for a repair, the Aplus franchisee is NOT relieved of liability to third parties. This includes liability to the franchisee's employees, customers, invitees, and the general public. This means that even if Sunoco is managing or has taken over the repair, the franchisee remains responsible for any incidents or injuries that occur due to the state of disrepair.

This allocation of responsibility means that Aplus franchisees must maintain adequate insurance coverage and safety protocols to protect against potential liabilities, even when Sunoco is involved in maintenance or repairs. Franchisees should ensure their insurance policies cover incidents arising from disrepair, regardless of who is managing the repair work at the time.

This provision highlights the importance of franchisees maintaining a safe environment and promptly addressing any maintenance issues, even when Sunoco is scheduled to handle the repairs. Franchisees should document all communications with Sunoco regarding repairs and maintain records of their own safety inspections and maintenance efforts. This documentation can be crucial in the event of a liability claim to demonstrate that the franchisee took reasonable steps to prevent injuries or damages.