What steps is an Aplus franchisee required to take to ensure their employees render competent service?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
ot charge tuition or similar fees for initial training, however, all expenses incurred by Franchisee in attending such program including, but not limited to, travel costs, room and board expenses and employees' salaries or wages, shall be the sole responsibility of Franchisee. Franchisee shall be responsible for training its management and other employees. You must complete initial training to our satisfaction, including the passing of tests at the end of initial training.
8.2. Opening Assistance
In conjunction with the beginning of operation of the Franchised Business, Franchisor shall make available to Franchisee one of Franchisor's representatives, experienced in the System, for the purpose of familiarizing Franchisee's staff with the APLUS System and standards, and for the purpose of providing general assistance and guidance in connection with the opening of the Franchised Business. If Franchisee requests additional assistance with respect to the opening or continued operation of the Franchised Business, and should Franchisor deem it necessary and appropriate to comply with such request, Franchisee shall pay Franchisor's then-current standard rates, plus expenses, for such additional assistance. Franchisor may utilize a Designated Service Provider to perform any of its duties under this Section 8.2 and Section 8 generally.
8.3. Designated Manager Training
If Franchisor determines that the Designated Manager is unable to satisfactorily complete the training program described above, Franchisor has the unrestricted right to terminate this Agreement. If Franchisee is a business entity and the Designated Manager fails to complete the initial training program to Franchisor's reasonable satisfaction, Franchisee may be permitted to select a substitute manager and such substitute manager must complete the initial training to Franchisor's satisfaction. Additionally, if Franchisee replaces its Designated Manager, or brings new principals into the franchise, the new Designated Manager and principals must attend Franchisor's initial training program, or train with a franchisee who agrees to provide such training. Franchisee will be required to pay Franchisor's then-current rates for additional training, presently $1,000 per week. Franchisor shall also charge the then-current rates for additional training, presently $1,000 per week, for each additional attendee over the three (pursuant to Section 8.1 above) who need to attend training or any remedial training provided to individuals already trained. Franchisee shall bear the cost of the employee's training, including but not limited to, the required fee, wages, transportation, lodging, and meals.
8.4. New Designated Manager
After beginning operations, should Franchisee name a new Designated Manager, Franchisee must notify Franchisor of the identity of the new Designated Manager and the new Designated Manager must complete the initial training program to Franchisor's satisfaction within sixty (60) days of being named. The new Designated Manager may attend the initial training program at Franchisor's then-current fee for providing training to a new Designated Manager, and Franchisor may require Franchisee to pay other costs related to the training. Franchisee shall be responsible for all travel costs, room and board and employees' salaries or wages incurred in connection with the new Designated Manager's attendance at such training.
8.5.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, Aplus provides opening assistance by making available a representative to familiarize the franchisee's staff with the Aplus system and standards. If the franchisee requests additional assistance with the opening or continued operation of the franchised business and Aplus deems it necessary and appropriate to comply with such request, the franchisee will pay Aplus's then-current standard rates, plus expenses, for such additional assistance. Aplus may utilize a Designated Service Provider to perform any of its duties under this Section 8.2 and Section 8 generally.
If Aplus determines that the Designated Manager is unable to satisfactorily complete the training program, Aplus has the unrestricted right to terminate the Franchise Agreement. If the franchisee replaces its Designated Manager, or brings new principals into the franchise, the new Designated Manager and principals must attend Aplus's initial training program, or train with a franchisee who agrees to provide such training. The franchisee will be required to pay Aplus's then-current rates for additional training, presently $1,000 per week. The franchisee shall bear the cost of the employee's training, including but not limited to, the required fee, wages, transportation, lodging, and meals.
The Aplus franchisee acknowledges that Aplus is not obligated to provide any training or assistance to the franchisee's particular level of satisfaction, but as a function of Aplus's experience, knowledge and judgment. The franchisee further acknowledges that Aplus is not obligated to provide any services to the franchisee that are not set forth in the Franchise Agreement. If the franchisee believes Aplus has failed to adequately provide any pre-opening services to the franchisee or to franchisee's employees, whether with respect to site selection, selection and purchase of equipment and supplies, training or any other matter affecting the establishment of franchisee's franchised business, franchisee shall notify in writing within thirty (30) days following the opening of the franchised business or the franchisee shall be deemed to conclusively acknowledge that all pre-opening and opening services required to be provided by Aplus were sufficient and satisfactory in franchisee's judgment and complied with all representations made to the franchisee.