What standards must a prospective transferee meet to satisfy Aplus for a franchise transfer?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
rtners, owners, employees, and agents (in their corporate and individual capacities), including, without limitation, claims arising under federal, state or local laws, rules or ordinances, and any other matters incident to the termination of this Agreement or to the transfer of Franchisee's interest herein or to the transfer of Franchisee's ownership of all or any part of
the Franchise; provided, however, that if a general release is prohibited, Franchisee shall give the maximum release allowed by law;
- 18.2.4. The prospective transferee has satisfied Franchisor in that it meets Franchisor's management, business and financial standards, and otherwise possesses the character and capabilities, including business reputation and credit rating, as Franchisor may require to demonstrate ability to conduct the Franchised Business, in addition to Franchisor's then-current requirements for franchisees;
- 18.2.5. The transferee and, if Franchisor requires, all persons owning any interest in the transferee, have executed the form of Franchise Agreement then being offered to new franchisees, which may be substantially different from this Agreement, and may include a different Royalty Fee, Marketing Fee rates and other material provisions; the initial term of the Franchise Agreement shall be the initial term provided for in the then-current franchise agreement, and all renewal terms shall be governed by the then-current franchise agreement, and the territory shall be the same as the territory granted pursuant to this Agreement;
- 18.2.6. The transferee has executed a general release, in a form prescribed by Franchisor, of any and all claims against Franchisor and its officers, directors, shareholders, managers, members, partners, owners, employees, and agents (in their corporate and individual capacities), with respect to any representations regarding the Franchise or the business conducted pursuant thereto or any other matter that may have been made to the transferee by Franchisee;
- 18.2.7. Franchisee has provided Franchisor with a complete copy of all contracts and agreements and related documentation between Franchisee and the prospective transferee relating to the intended sale or transfer of the Franchise;
- 18.2.8. Franchisee, or the transferee, has paid to Franchisor a transfer fee ("Transfer Fee") in the amount stated in Attachment 1;
- 18.2.9. The transferee has obtained all necessary consents and approvals by third parties and all applicable federal, state and local laws, rules, ordinances and requirements applicable to the transfer have been complied with or satisfied;
- 18.2.10. Franchisee has, and if Franchisee is an entity, all of the holders of a legal and beneficial interest in Franchisee have executed and delivered to Franchisor a nondisclosure agreement in a form satisfactory to Franchisor and in substance the same as the nondisclosure covenants contained in Sections 7 and 17;
- 18.2.11.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, a prospective transferee must satisfy several standards to be approved for a franchise transfer. The transferee must meet Aplus's management, business, and financial standards. Additionally, the transferee needs to demonstrate the character and capabilities, including business reputation and credit rating, that Aplus requires to show their ability to conduct the franchised business. These standards must align with Aplus's then-current requirements for franchisees.
Furthermore, the transferee, along with anyone owning interest in the transferee (if required by Aplus), must execute the current form of the Franchise Agreement offered to new franchisees. This new agreement may differ substantially from the original agreement, potentially including different Royalty Fee and Marketing Fee rates, as well as other material provisions. The initial and renewal terms of the franchise agreement will be based on the then-current franchise agreement, and the territory will remain the same as the original agreement.
The transferee must also execute a general release of all claims against Aplus and its affiliates regarding any representations about the franchise made by the franchisee. They must provide Aplus with a complete copy of all contracts and agreements related to the sale or transfer of the franchise. The transferee or franchisee must pay a transfer fee as specified in Attachment 1. The transferee needs to obtain all necessary third-party consents and comply with all applicable federal, state, and local laws.
Additionally, the transferee and all holders of interest in the franchisee must execute a nondisclosure agreement. The transferee's designated manager must complete a training program similar to the initial training before managing the business. The transferee must provide proof of U.S. citizenship or permanent legal residency and complete Aplus's current financial application. They must also attend and complete initial training if required by Aplus.