Regarding ATM access at an Aplus franchise, what access rights must the franchisee grant?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
You are required to participate in the Sunoco Turnkey ATM Program, and you will have an Automated Teller Machine ("ATM") designated by Sunoco installed in the Store. You are responsible for the continued safety, operational, and maintenance requirements of the ATM as further described in the Manual. We reserve the right to include ATM commissions in the Gross Sales Calculation as set forth above and to charge Royalty Fees on such commissions by providing not less than thirty (30) days' prior written notice to you.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, franchisees are required to participate in the Sunoco Turnkey ATM Program, which involves having an Automated Teller Machine (ATM) designated by Sunoco installed in their store. The franchisee is responsible for the continued safety, operational, and maintenance requirements of the ATM as described in the manual.
While the document specifies the franchisee's responsibilities for the ATM's safety, operation, and maintenance, it does not explicitly state that the franchisee must grant Aplus any specific access rights to the ATM itself. However, Aplus reserves the right to include ATM commissions in the Gross Sales calculation and charge Royalty Fees on such commissions, providing at least 30 days' prior written notice to the franchisee.
It is important for prospective Aplus franchisees to clarify with Aplus what specific access, if any, Aplus requires to the ATM beyond the ability to track commissions for royalty calculations. This could include physical access for maintenance or technical access for monitoring and data collection. Understanding these requirements is crucial for managing the ATM effectively and ensuring compliance with the franchise agreement.