factual

What initial items does Sunoco provide after construction and before opening an Aplus store?

Aplus Franchise · 2024 FDD

Answer from 2024 FDD Document

As soon as reasonably practicable after you have completed construction or conversion, obtained a beer and wine license (if available) and satisfactorily completed Sunoco's APLUS Training Program, Sunoco shall install exterior signage up to Sunoco's specifications.

Depending upon the size, type, and design of the building, Sunoco may charge you for the cost and installation of the APLUS signage and/or exterior graphics.

If you are not the sole and exclusive owner of the Premises, as a condition to Sunoco performing its obligations set forth in the preceding sentence, you shall submit, in form satisfactory to Sunoco, a consent of all owners of the Premises to the modification of the Premises, and a waiver in recordable form, of all claims of the owner, and any party claiming through or under the owner, including any mortgagees, to any improvements installed by Sunoco on the Premises and consent to removal by Sunoco of such improvements upon termination of this APLUS franchise relationship.

After Sunoco installs exterior signage, it provides initial paint, the exterior APLUS sign, sign pole and interior graphics, Sunoco shall issue a notice to you giving you permission to open.

If you fail to open the APLUS Store for business on the Commencement Date as established by the aforementioned notice, in addition to any other remedies herein provided, at its option, Sunoco shall have the right to collect, as liquidated damages and not as a penalty, in addition to the Minimum Monthly Royalty Fee, the prorated daily Minimum Monthly Royalty Fee per day for each calendar day you fail to open the APLUS Store for business in accordance with the terms and provisions of this Agreement.

In addition, if you fail to open the APLUS Store for business within thirty (30) days after the Commencement Date, Sunoco may thereupon terminate this Agreement."

Source: Item 23 — RECEIPT (FDD pages 68–302)

What This Means (2024 FDD)

According to Aplus's 2024 Franchise Disclosure Document, after construction is complete, Sunoco provides initial paint, the exterior Aplus sign, a sign pole, and interior graphics. After these items are installed, Aplus will issue a notice to the franchisee, giving them permission to open the store.

It is important to note that depending on the size, type, and design of the building, Aplus may charge the franchisee for the cost and installation of the Aplus signage and/or exterior graphics. Additionally, if the franchisee is not the sole and exclusive owner of the premises, they must submit a consent from all owners of the premises for the modification, as well as a waiver of all claims from the owner to any improvements installed by Sunoco.

If the franchisee fails to open the Aplus store for business on the commencement date established by the notice, Aplus has the right to collect a prorated daily Minimum Monthly Royalty Fee for each day the store remains unopened. Furthermore, if the store is not opened within thirty days after the commencement date, Aplus may terminate the franchise agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.