What section of the Aplus franchise or other agreement is summarized in this table?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
anager is required to manage the APLUS Store. |
| Provision | Section in franchise or other agreement | Summary | |
|---|---|---|---|
| q. | Non-competition covenants during the term of the franchise | No provision | There is no covenant by either party not to compete. |
| r. | Non-competition covenants after the franchise is terminated or expires | APLUS - 7 | In the event you or any owner is in default which has led to premature termination of the franchise agreement, you and any owner are prohibited from owning an interest in, investing in, managing, operating, or performing services, consulting with, or be employed by or for any competitive business located within 20 miles of your APLUS Store or any other APLUS Store, for two years after termination or expiration of the franchise agreement. Excepted from this restriction are any competitive businesses owned by you or an affiliate at the time of termination of the franchise agreement. |
| s. | Modification of the agreement | APLUS – 23.7 Premises - 2.27 | Except for those permitted to be made unilaterally by us under the APLUS Franchise Agreement or related agreements, the agreements may not be modified unless mutually agreed to in writing. |
| t. Integration/merger clause | APLUS – 23.7 Premises - 2.27 | Only the terms of the APLUS Franchise Agreement and related agreements are binding (subject to state law). Any representations or promises outside of the disclosure document and APLUS Franchise Agreement and related agreements may not be enforceable. Nothing in the APLUS Franchise Agreement and related agreements is intended to disclaim any representations we made in this disclosure document. | |
| u. | Dispute resolution by arbitration or mediation | No provision | None |
| v. | Choice of Forum | APLUS – 24.2 | Subject to applicable state law, the venue for all proceedings related to or arising out of the APLUS Franchise Agreement is Dallas, Texas. See the State Specific Addenda attached to this Disclosure Document. |
| w. | Choice of Law | APLUS – 24.1 | Texas law applies (subject to applicable state law). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 53–64)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the table summarizes provisions found within the franchise and related agreements. Specifically, the table is located in Item 17, which addresses renewal, termination, transfer, and dispute resolution aspects of the Aplus franchise agreement. The table highlights key provisions and their corresponding sections within the Aplus Franchise Agreement or the Aplus Premises Lease.
For a prospective Aplus franchisee, this table serves as a quick reference guide to understand their rights and obligations regarding various aspects of the franchise relationship. It points to specific sections in the franchise agreement for detailed information on topics such as non-competition covenants, modifications to the agreement, dispute resolution, and choice of law.
It is important for potential franchisees to carefully review the full sections referenced in the table within the Aplus Franchise Agreement and related agreements. While the table provides a summary, the actual legal language in the agreement will govern the relationship between the franchisee and Aplus. Franchisees should pay close attention to the State Specific Addenda, as mentioned in the table, as these may modify certain provisions based on local laws.