Who must sign a written amendment for it to be effective under the Aplus lease agreement?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- (B) For purposes of this Section, reference to "Franchisee" or "Lessee" shall mean you, if you are a sole proprietor; if a partnership, all partners; if a corporation with two shareholders, both shareholders; or if a corporation with more than two shareholders, the majority shareholder named in Part 1 of this Lease. That person must be an officer or director as well as a majority shareholder.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the specific individuals required to sign a written amendment to the lease agreement for it to be effective depend on the franchisee's business structure. If the franchisee is a sole proprietor, the franchisee must sign. If the franchisee is a partnership, all partners must sign. For corporations with two shareholders, both shareholders must sign. If the corporation has more than two shareholders, the majority shareholder named in Part 1 of the lease must sign, and that person must be an officer or director as well as a majority shareholder.
This requirement ensures that all relevant parties are in agreement with any changes to the lease, protecting the interests of both Aplus and the franchisee. For franchisees, this means understanding who within their business structure needs to be involved in signing any lease amendments. It also highlights the importance of maintaining clear records of ownership and management roles, especially for corporations.
This level of detail is typical in franchise agreements to ensure clarity and prevent disputes. Franchisees should carefully review their specific circumstances and consult with legal counsel to ensure compliance with these requirements. The Aplus franchise agreement clearly defines who is authorized to make changes to the lease, which helps to avoid potential legal issues down the road.