Is Aplus required to grant similar variations or privileges to all franchisees if such variations or privileges are granted to other franchisees?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
From time to time, Franchisor may require Franchisee to participate in APLUS or SUNOCO proprietary programs or specific merchandise programs as described in the Manual or otherwise developed in the future ("Programs"). Programs may include, but are not limited to, proprietary programs, proprietary payment systems, specific product offerings and/or promotions (such as foods and beverages identified by us), Franchisor's approved prepaid programs, such as gift cards, phone cards, and other related telecommunications products, ATM program, and APLUS rewards and/or customer loyalty program, as more detailed in the Manual. Franchisor has no obligation to test a Program before requiring Franchisee to participate, and Franchisor reserves all right to determine which franchisees may participate in Programs. Franchisor reserves all right to determine in its sole discretion which Programs Franchisee may qualify for, and Franchisee is required to participate in Programs that Franchisor requires and pay the respective fees associated with each Program. Franchisee is required to pay any associated third party fees related to these programs, which Franchisor may pass down to Franchisee. As stipulated, Franchisee will be required to purchase and install such equipment, merchandise, and/or products to comply with participation within each given program, and be required to pay additional respective fees upon written notice to Franchisee by Franchisor. Programs may evolve and change from time to time, including the fees that may be owed to Franchisor. Franchisor may provide a minimum of ten (10) days written notice to Franchisee before requiring compliance under any required Programs or payment of associated fees
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
Based on the 2024 Aplus Franchise Disclosure Document, Aplus retains the right to determine which franchisees may participate in specific programs. Aplus is not obligated to test a program before requiring franchisee participation and reserves the right to decide which programs a franchisee may qualify for.
This means that Aplus franchisees may not necessarily receive the same benefits, privileges, or program access as other franchisees. Aplus has the discretion to select franchisees for specific programs and can change these programs, including associated fees, with a minimum of ten days' written notice.
As a prospective franchisee, it is important to understand that Aplus can implement programs and may require participation, potentially incurring additional costs for equipment, merchandise, or fees. This could create disparities between franchisees, where some may have access to programs or benefits that others do not, impacting their business operations and profitability. It is advisable to discuss with Aplus the criteria for program eligibility and the potential financial implications of required programs.