If an Aplus franchisee chooses an independent contractor for preventive maintenance, what documentation must they provide and to whom?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee agrees that Franchisor has the right to assign its rights or delegate the performance of any portion or all of Franchisor's rights or obligations under this Agreement to third party designees, an area representative (if applicable), or independent contractors with whom Franchisor contracts to perform these obligations without the prior written consent of the Franchisee. If Franchisor assigns its rights to receive any amount under this Agreement to any third-party, Franchisee recognizes that they shall be liable for all compliance and shall make such payments directly to the designated third-party.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
Based on the 2024 Aplus Franchise Disclosure Document, the document does not specify the exact documentation a franchisee must provide if they choose an independent contractor for preventive maintenance. However, the FDD does state that Aplus has the right to delegate the performance of any portion of its obligations under the agreement to third-party designees or independent contractors without the franchisee's prior written consent. If Aplus assigns its rights to receive any amount under this Agreement to any third-party, the franchisee recognizes that they shall be liable for all compliance and shall make such payments directly to the designated third-party.
Furthermore, the Aplus franchisee is responsible for the acquisition, operation, maintenance, updates, and upgrading of the Computer System, including compliance with the standards that Aplus periodically requires. The franchisee is also responsible for the manner in which their Computer System interfaces with Aplus's computer system and those of other third parties, the installation, maintenance, and support of the Computer System, and any and all consequences that may arise if the Computer System is not properly operated, maintained, and upgraded, including but not limited to virus and spyware issues.
To fully understand the documentation requirements for using an independent contractor for preventive maintenance, a prospective Aplus franchisee should ask the franchisor for clarification on what specific records, proof of insurance, or other documentation must be submitted, and to whom these documents should be provided (either Aplus or the independent contractor directly).