Does notification to Sunoco of a need for repair and Sunoco's assumption of repair relieve an Aplus franchisee of liability to third parties?

According to Aplus's 2024 Franchise Disclosure Document, notifying Sunoco of a necessary repair and Sunoco's subsequent assumption of responsibility for that repair does not relieve the Aplus franchisee of liability to third parties. This includes liability for injuries or damages incurred by the franchisee's employees, customers, invitees, and the general public due to the state of disrepair.

This means that even if an Aplus franchisee informs Sunoco about a needed repair and Sunoco agrees to handle it, the franchisee remains liable for any incidents or injuries that occur because the repair hasn't been completed. The franchisee cannot claim that Sunoco's agreement to repair shifts the liability entirely to Sunoco.

This provision highlights the importance of Aplus franchisees maintaining a safe environment at their location and following up to ensure repairs are completed promptly. Franchisees should also ensure they have adequate insurance coverage to protect against potential liabilities, even when Sunoco is responsible for the actual repair work. This shared responsibility underscores the need for clear communication and diligent oversight by the franchisee to mitigate risks and ensure the safety of everyone on the premises.