What is the Aplus franchisee's responsibility regarding federal, state, and local laws, rules, regulations, ordinances, and orders?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
In addition to complying with its obligations under this Agreement, you shall comply with all applicable federal, state, and local laws, rules, regulations, ordinances, and orders. Such laws, rules, regulations, ordinances, and orders vary from jurisdiction to jurisdiction and may be amended or implemented or interpreted in a different manner from time to time. It is your sole responsibility to apprise itself of the existence and requirements of all such laws, rules, regulations, ordinances, and orders and to adhere to them at all times during the term of this Agreement. Failure to comply with applicable federal, state, and local laws, rules, regulations, ordinances, and orders is a material breach of this Agreement and Franchisor reserves the right to terminate this Agreement immediately for cause and without an opportunity to cure.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to the 2024 Aplus Franchise Disclosure Document, franchisees must comply with all applicable federal, state, and local laws, rules, regulations, ordinances, and orders. These legal requirements can vary by jurisdiction and may change over time, so it is the franchisee's responsibility to stay informed of these requirements and adhere to them throughout the term of the Franchise Agreement. Failure to comply with these laws constitutes a material breach of the agreement, potentially leading to immediate termination without an opportunity to correct the issue.
This requirement extends to various aspects of the business, including operational and professional licenses, permits, and certificates necessary for running the franchised business. Aplus makes no guarantees regarding the legal requirements a franchisee must meet, placing the onus on the franchisee to investigate and comply with all relevant laws and regulations. This includes securing and maintaining all necessary operational and professional licenses, permits, and certificates, including zoning and local permits, to operate the business from the franchisee's principal residence or that of their designated manager.
Furthermore, Aplus franchisees must operate their premises and loaned equipment in strict accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. This includes adhering to lawful directives and orders from public officials, as well as complying with the terms, conditions, and requirements of zoning, use, and building permits. Franchisees are also obligated to notify Sunoco (in writing) of any citations, notices of violation, or other communications alleging violations of these laws affecting the premises or loaned equipment. They must also post the octane rating of each grade of gasoline on each gasoline dispenser in accordance with current federal regulations and comply with all applicable federal regulations related to unleaded gasoline requirements.
In addition to general legal compliance, Aplus franchisees must also adhere to specific regulations regarding data security, protection, and privacy. This includes compliance with laws like the California Consumer Privacy Act (CCPA) and any privacy policies or data protection policies established by Aplus. Franchisees are required to notify Aplus immediately of any actual or suspected data breaches and must follow specific guidelines regarding the handling of customer personal information, such as not selling or disclosing it to third parties for valuable consideration and deleting it upon Aplus's request unless an exception applies under the law. Aplus may modify these restrictions with written notice to the franchisee to comply with other privacy laws.