Is an Aplus franchisee required to allow patrons access to air and water dispensing facilities on the premises?

According to Aplus's 2024 Franchise Disclosure Document, franchisees may participate in Sunoco's approved Air and Vacuum Program. If an Aplus franchisee chooses to participate in this program, they are required to have a minimum of one air tower that meets Sunoco's specifications.

The FDD stipulates that if an Aplus franchisee participates in the Air and Vacuum program, each air tower must be operational and accessible during all shifts. This implies a requirement to provide access to air dispensing facilities if the franchisee opts into the program. However, the document does not explicitly state whether water dispensing facilities are included or required.

It is important to note that Sunoco reserves the right to include Air and Vacuum sales in the Gross Sales calculation and charge Royalty Fees on such revenues. This means that Aplus franchisees participating in the program may have a portion of their revenue from air and vacuum services subject to royalty fees, impacting their overall profitability. Prospective franchisees should carefully consider these factors when deciding whether to participate in the Air and Vacuum Program.