Does the Aplus franchisee waive any rights regarding limitations on goods subject to distress after removal of goods?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
ll assignments) shall end as of the effective date of the termination, nonrenewal, or cancellation of this Lease. Upon such effective date, you shall immediately surrender, quit, and return possession of the Premises to Sunoco. The Premises, including Loaned Equipment, must be clean and restored to original condition with all refuse removed, normal wear and tear excepted. Notice and demand to you to quit and for possession and re-entry by Sunoco are waived.
- (B) Should you fail to surrender, quit, and return possession of the Premises to Sunoco at the end of this Lease, Sunoco shall have the right to enter upon the Premises and evict you from the Premises, for purposes of repossessing same, without having liability to you for trespass or damage by reason of such re-entry and eviction.
- (C) Subject to Sunoco's rights set forth in Section 2.21 (A) and (B) of this Lease, you shall remove all of your personal property from the Premises at the end of this Lease. Any property left or found upon Premises ten (10) days after the end of this Lease or the date you have been requested to remove same may be removed, stored, or disposed of by Sunoco without liability to you for the value, loss, or damage thereto occasioned by such removal, storage, or disposition. Costs incurred by Sunoco for restoration of the Premises to original condition, and for removal, storage, and disposition of your property left or found on the Premises, shall be borne by you and paid to Sunoco.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the franchisee waives certain rights related to the removal of property from the premises after the lease ends. Specifically, if the franchisee leaves property on the premises for more than ten days after the lease ends or after being asked to remove it, Sunoco (the lessor in this case) can remove, store, or dispose of the property without any liability for loss or damage to the franchisee.
This means that an Aplus franchisee could lose any claim to the value of goods, or for any damages, if they fail to remove their property promptly after the termination of the lease. The franchisee is also responsible for covering any costs Sunoco incurs to restore the premises to its original condition, including the removal, storage, and disposal of the franchisee's property.
Furthermore, the Aplus franchisee waives, to the extent permitted by law, all notices or demands to quit possession prescribed by any law, statute, or ordinance relating to any summary process or other procedure for obtaining possession of the Premises. This waiver could expedite eviction proceedings if Aplus chooses to pursue that route.
It is important for a prospective Aplus franchisee to understand these conditions, as they place the onus on the franchisee to ensure timely removal of property and compliance with lease terms to avoid potential losses and liabilities.