If the Franchisee requests additional assistance with the opening or continued operation of the Franchised Business, what are the payment obligations to Aplus?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
ot charge tuition or similar fees for initial training, however, all expenses incurred by Franchisee in attending such program including, but not limited to, travel costs, room and board expenses and employees' salaries or wages, shall be the sole responsibility of Franchisee. Franchisee shall be responsible for training its management and other employees. You must complete initial training to our satisfaction, including the passing of tests at the end of initial training.
8.2. Opening Assistance
In conjunction with the beginning of operation of the Franchised Business, Franchisor shall make available to Franchisee one of Franchisor's representatives, experienced in the System, for the purpose of familiarizing Franchisee's staff with the APLUS System and standards, and for the purpose of providing general assistance and guidance in connection with the opening of the Franchised Business. If Franchisee requests additional assistance with respect to the opening or continued operation of the Franchised Business, and should Franchisor deem it necessary and appropriate to comply with such request, Franchisee shall pay Franchisor's then-current standard rates, plus expenses, for such additional assistance. Franchisor may utilize a Designated Service Provider to perform any of its duties under this Section 8.2 and Section 8 generally.
8.3. Designated Manager Training
If Franchisor determines that the Designated Manager is unable to satisfactorily complete the training program described above, Franchisor has the unrestricted right to terminate this Agreement. If Franchisee is a business entity and the Designated Manager fails to complete the initial training program to Franchisor's reasonable satisfaction, Franchisee may be permitted to select a substitute manager and such substitute manager must complete the initial training to Franchisor's satisfaction. Additionally, if Franchisee replaces its Designated Manager, or brings new principals into the franchise, the new Designated Manager and principals must attend Franchisor's initial training program, or train with a franchisee who agrees to provide such training. Franchisee will be required to pay Franchisor's then-current rates for additional training, presently $1,000 per week. Franchisor shall also charge the then-current rates for additional training, presently $1,000 per week, for each additional attendee over the three (pursuant to Section 8.1 above) who need to attend training or any remedial training provided to individuals already trained. Franchisee shall bear the cost of the employee's training, including but not limited to, the required fee, wages, transportation, lodging, and meals.
8.4. New Designated Manager
After beginning operations, should Franchisee name a new Designated Manager, Franchisee must notify Franchisor of the identity of the new Designated Manager and the new Designated Manager must complete the initial training program to Franchisor's satisfaction within sixty (60) days of being named.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, in conjunction with the beginning of operations, Aplus will provide a representative to familiarize the franchisee's staff with the Aplus system and standards, offering general assistance and guidance. If the franchisee requests additional support for the opening or ongoing operation of the franchised business, and Aplus deems it necessary and appropriate to fulfill the request, the franchisee will be required to pay Aplus's then-current standard rates, along with expenses, for the extra assistance. Aplus may also use a Designated Service Provider to perform these duties.
Additionally, if Aplus determines that the Designated Manager is unable to satisfactorily complete the training program, Aplus has the right to terminate the agreement. If a substitute manager is permitted, they must also complete the initial training to Aplus's satisfaction. If the franchisee replaces its Designated Manager or brings new principals into the franchise, these individuals must attend Aplus's initial training program or train with a franchisee who agrees to provide such training. The franchisee will be required to pay Aplus's then-current rates for additional training, which is presently $1,000 per week.
The franchisee is responsible for covering the employee's training costs, including the required fee, wages, transportation, lodging, and meals. Furthermore, if Aplus or its representative is scheduled to conduct on-site training or visit the franchisee's location for training or other reasons, and the franchisee cancels, fails to attend, or fails to have the appropriate parties attend, the franchisee will be required to pay Aplus's then-current on-site training cancellation fee. This fee may vary depending on the type of scheduled training program and how far in advance Aplus is notified of the cancellation, as well as the costs incurred in rescheduling travel arrangements.