Who is responsible for the security of all persons at the Aplus premises, including customers, contractors, and employees?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- (4) Without limiting your status and obligations as an independent contractor under 2.08(A) above, you shall be solely responsible for implementation and maintenance procedures for safe operation of the APlus Store, including safe cash handling and employee training. Sunoco and you expressly acknowledge that you are solely responsible for the security of all persons at the Premises, including customers, contractors, and employees. Nothing contained in this Lease may be construed as: (a) an assumption by Sunoco of any duty owed by you to any person, including any customer, contractor, or employee; or (b) giving Sunoco the right to control your provision of security measures at the Premises.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the franchisee is solely responsible for the security of all persons at the premises, including customers, contractors, and employees. This responsibility is explicitly acknowledged between Sunoco and the franchisee, emphasizing the franchisee's role as an independent contractor in managing the Aplus store's operations. Sunoco assumes no duty for the franchisee's security obligations.
This means that as an Aplus franchisee, you bear the full responsibility for implementing and maintaining safety and security procedures within your store. This includes measures to protect customers, contractors, and employees from potential harm or threats. You are also responsible for training your employees in safe operational practices and cash handling procedures.
The FDD also states that the franchisee has exclusive control of the premises and all activities conducted there. The franchisee is responsible for hiring, training, and managing employees. This reinforces the franchisee's independent contractor status and their comprehensive control over the store's operations, including security measures.
Given this clear allocation of responsibility, prospective Aplus franchisees should carefully consider the costs and efforts associated with providing adequate security. This may include investing in security systems, hiring security personnel, and implementing comprehensive safety protocols. It is crucial to factor these considerations into the overall business plan and financial projections.