Does the Aplus franchisee have the right to represent themselves as an employee or agent of Sunoco?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- 1.18 Exclusive Control of Premises by You.
- (A) You shall exercise and be responsible for the exclusive control of the Premises and all activities conducted thereon. You shall undertake all obligations hereunder as an independent contractor. Neither you nor your employees shall hold yourself or themselves out at any time as employees or agents of Sunoco.
- (1) You shall be solely responsible for the hiring, discipline, training, discharge, compensation, benefits, management, control, work rules, and payment and withholding of all payroll and other taxes imposed upon or determined by wages and salaries of all personnel used or employed by you, or on your behalf in connection with your business.
- (2) You shall be solely responsible for the continuous display on the exterior of the building in a conspicuous manner at a point visible and accessible to the public and as specified on the APlus Store Permanent Decal Kit as provided to you by Sunoco, a legible sign meeting Sunoco's specifications, showing that you are the proprietor of the business being conducted thereon. Notwithstanding the foregoing, you shall grant access at all times to the ATM site (if any) to the general public as well as to representatives of the bank or its affiliates or agents including ingress to, temporary parking on, and egress from, the site for the purpose of installation, maintenance, use and removal of all or any part of the equipment involved.
- (A) You shall exercise and be responsible for the exclusive control of the Premises and all activities conducted thereon. You shall undertake all obligations hereunder as an independent contractor. Neither you nor your employees shall hold yourself or themselves out at any time as employees or agents of Sunoco.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, Aplus franchisees operate as independent contractors and are explicitly prohibited from representing themselves or their employees as agents or employees of Sunoco. This is a standard practice in franchising, where franchisees own and operate their businesses independently while adhering to the franchisor's system and standards.
The FDD states that the franchisee is responsible for the exclusive control of the premises and all activities conducted there. This includes all aspects of employment, such as hiring, training, compensation, and termination of personnel. The franchisee is also responsible for all payroll and other taxes related to their employees.
Aplus requires franchisees to display a sign indicating that they are the proprietor of the business. This further reinforces the independent nature of the franchise operation and ensures that customers are aware that they are dealing with an independent business owner, not a direct extension of Sunoco. This independence provides the franchisee with autonomy in managing their business but also carries the responsibility for all operational and employment-related matters.