Is an Aplus franchisee required to include a notice stating that the Franchised Business is an "Independently Owned and Operated Franchise" of the franchisee on its letterhead, forms, cards, and other such identification?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall operate the Franchised Business so that it is clearly identified and advertised as an APLUS Store. Franchisee shall use the trademark "APLUS" and the other Marks which now or hereafter may form a part of the System, on all signs, suppliers, business cards, uniforms, advertising materials, Technology platforms, signs and other articles in the identical combination and manner as the Franchisor may prescribe in writing and Franchisee shallsupply to the Franchisorsamples and photographs of the same upon Franchisor's request. Franchisee shall comply with all trademark, trade name, service mark and copyright notice marking requirements and Franchisee shall ssupply to the Franchisor samples or photographs upon Franchisor's request.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
Based on the 2024 Aplus Franchise Disclosure Document, the franchisee is required to operate the Franchised Business so that it is clearly identified and advertised as an APLUS Store. The franchisee must use the trademark "APLUS" and other Marks that form a part of the System on all signs, suppliers, business cards, uniforms, advertising materials, Technology platforms, signs and other articles in the identical combination and manner as Aplus may prescribe in writing. The franchisee must supply to Aplus samples and photographs of the same upon Aplus's request and comply with all trademark, trade name, service mark and copyright notice marking requirements.
However, the 2024 Aplus FDD does not explicitly state whether a franchisee must include a notice stating that the Franchised Business is an "Independently Owned and Operated Franchise" on its letterhead, forms, cards, and other such identification. The FDD does outline the requirements for using Aplus's trademarks and marks, ensuring the business is clearly identified as an APLUS Store.
To clarify whether such a notice is required, a prospective Aplus franchisee should directly ask the franchisor about the specific requirements for disclaimers of independent ownership on business materials. This information would be essential for ensuring compliance with Aplus's branding and operational standards.