Is Aplus Franchisor obligated to provide training or assistance to the Franchisee's particular level of satisfaction?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee acknowledges and agrees that the Franchisor is not obligated to provide any training or assistance to Franchisee's particular level of satisfaction, but as a function of Franchisor's experience, knowledge and judgment. Franchisee further acknowledge that Franchisor is not obligated to provide any services to Franchisee that are not set forth in this Agreement. If Franchisee believes the Franchisor has failed to adequately provide any pre-opening services to the Franchisee or to Franchisee's employees, whether with respect to site selection, selection and purchase of equipment and supplies, training or any other matter affecting the establishment of Franchisee's Franchised Business, Franchisee shall notify in writing within thirty (30) days following the opening of the Franchised Business or the Franchisee shall be deemed to conclusively acknowledge that all pre-opening and opening services required to be provided by the Franchisor were sufficient and satisfactory in Franchisee's judgment and complied with all representations made to the Franchisee.
8.9 BY VIRTUE OF COMMENCING OPERATIONS OF YOUR APLUS STORE, FRANCHISEE ACKNOWLEDGES THAT FRANCHISOR HAS FULFILLED ALL OF ITS OBLIGATIONS TO FRANCHISEE THAT FRANCHISOR IS REQUIRED TO FULFILL PRIOR TO THE OPENING OF YOUR APLUS STORE.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, Aplus is not obligated to provide training or assistance to the franchisee's particular level of satisfaction. The training and assistance provided is based on Aplus's experience, knowledge, and judgment. Aplus is also not obligated to provide any services to the franchisee that are not outlined in the franchise agreement.
If a franchisee believes that Aplus has failed to adequately provide pre-opening services, including site selection, equipment and supplies, or training, they must notify Aplus in writing within thirty days following the opening of the franchised business. Failure to do so means the franchisee is deemed to have acknowledged that all pre-opening and opening services were sufficient and satisfactory.
By commencing operations of the Aplus store, the franchisee acknowledges that Aplus has fulfilled all of its obligations required prior to the store's opening. This highlights the importance of carefully assessing the training and support provided during the initial stages and promptly addressing any concerns with Aplus within the specified timeframe.