Can Aplus prohibit the sale or display of materials it deems offensive?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
tomers to whom you may offer goods and services.
Prohibited Sales
You are prohibited from displaying or selling any adult/sophisticate magazines and/or any other materials that we determine are offensive to the general public or which may be prohibited from sale or display by applicable federal, state, or local laws or regulations. You are prohibited from selling marijuana of any kind (synthetic or otherwise), unauthorized drugs, drug paraphernalia of any type or nature, and "bath salts" in any form or known by any name, as further described in the Systems Manual.
Bath salts may be known as Bliss Blue Light, Blue Silk, Charge, Cosmic Blast, Disco Concentrate Bath Salts, Ivory Snow, Ocean Burst, Pure Ivory, Purple Wave, Snow Leopard, Stardust, Tranquility Bath Salts, White Dove, White Knight, White Rush, Zeus 2, Ivory Wave, White Lightening or other names. Further, the sale of drug paraphernalia, such as glass smoking pipes are also prohibited. Sales of these products can lead to criminal and civil charges as well as termination of your Franchise Agreement.
In addition, you must keep the APLUS Store open for the minimum hours specified in Item 15 above or by the Manual(s) if applicable, and may only advertise through APLUS approved media. Periodically, we may allow certain services or products that are not otherwise authorized for general use as a part of the System to be offered locally or regionally based upon such factors as we determine, including test marketing for the purpose of customer or operational feedback or evaluation, your qualifications, and regional or local differences.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 52–53)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, Aplus has the authority to prohibit the sale or display of materials it deems offensive. Specifically, franchisees are prohibited from displaying or selling adult magazines or any other materials that Aplus determines are offensive to the general public. This also extends to materials that may be prohibited by applicable federal, state, or local laws or regulations.
Furthermore, Aplus explicitly prohibits the sale of marijuana of any kind (synthetic or otherwise), unauthorized drugs, drug paraphernalia, and "bath salts." The FDD lists several names by which bath salts may be known, such as Bliss Blue Light, Blue Silk, Charge, and others. The sale of these prohibited products can result in immediate termination of the Franchise Agreement.
This restriction ensures that Aplus maintains a consistent brand image and complies with all applicable laws. It also protects the brand's reputation by preventing the sale of products that could be considered controversial or harmful. Prospective franchisees should be aware of these restrictions and ensure they comply with Aplus's standards to avoid potential penalties, including termination of their franchise agreement.