Regarding the Aplus lease, how much advance notice is the franchisee entitled to before the Commencement Date, unless a lesser time is approved?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- (B) Unless the time for establishing the Commencement Date is extended by mutual agreement of the parties, Lessor shall establish the Commencement Date within the number of days set forth in Part 1 from the date set forth in the first sentence of this Lease and in such event, unless a lesser time is approved by you, you shall be entitled to at least fifteen (15) days' notice of the Commencement Date.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, franchisees are entitled to at least fifteen days' notice of the Commencement Date, unless they approve a shorter timeframe. The Commencement Date is the date the premises are ready for occupancy and operation as an Aplus store.
This means that Aplus must inform the franchisee at least 15 days in advance of when the store is ready to open. This allows the franchisee time to prepare for the opening, including staffing, inventory, and marketing.
The FDD also states that the Commencement Date will be established by the Lessor (Sunoco) by providing notice to the franchisee. The Commencement Date should be established within the number of days set forth in Part 1 of the lease agreement. It is important to note that the franchisee can agree to a shorter notice period if they choose.