If Aplus Franchisor requires changes or improvements to the Franchised Business after a visit, what is the Franchisee's obligation regarding implementation?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
hird 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.
9. MANUAL
9.1. Loan by Franchisor
While this Agreement is in effect, Franchisor shall lend to Franchisee one digital or paper copy of the Manual. The Manual shall be treated as an integral and material part of this Agreement. The Manual sets forth procedures, standards, methods, specifications, and requirements for the operation of the APLUS Store and your Franchised Business. Franchisee shall conduct the Franchised Business in strict accordance with the provisions set forth in the Manual. The Manual may consist of one or more separate manuals and other materials as designated by Franchisor and may be in written or electronic form. The Manual shall, at all times, remain the sole property of Franchisor and shall promptly be returned to Franchisor upon expiration or termination of this Agreement, and Franchisee shall destroy any copies (electronic or otherwise) of the Manual in its possession.
9.2.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
Based on the 2024 Aplus Franchise Disclosure Document, the franchisee's obligation to implement changes or improvements to the franchised business after a visit from Aplus is detailed within the context of the Aplus manual. The manual serves as an integral part of the franchise agreement, outlining the procedures, standards, methods, specifications, and requirements for operating the Aplus store and the franchised business. Franchisees are obligated to conduct their franchised business in strict accordance with the provisions set forth in the manual.
The Aplus manual, which may consist of one or more separate manuals and other materials designated by Aplus, can be in written or electronic form. It remains the sole property of Aplus and must be promptly returned upon the expiration or termination of the franchise agreement. Franchisees are also required to destroy any copies of the manual in their possession, whether electronic or otherwise. This underscores the importance of adhering to the guidelines and standards established by Aplus for the operation of the franchised business.
Furthermore, Aplus retains the right to periodically undertake technology initiatives aimed at enhancing the technology associated with the franchise system. These initiatives may include enhanced internet capability, the use of proprietary digital applications, and enhanced support services. While the FDD indicates that Aplus cannot estimate the future costs of computer systems, technology, or required service or support, it highlights the potential for ongoing investment in technology to improve the franchise system. Franchisees should be prepared to adapt to these technological advancements and integrate them into their business operations as directed by Aplus.