Does Sunoco have the right to install ATMs on the Aplus premises?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- (B) Sunoco reserves the right to:
- (1) reconstruct or modernize the Premises (See Section 2.05(B) for Premises Modification fee increases); and
- (2) permit the installation of ATMs, related phone lines, and equipment necessary to their operation on a limited portion of the Premises as solely determined by Sunoco.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, Sunoco retains the right to permit the installation of ATMs on the Aplus premises. Specifically, Sunoco can allow the installation of ATMs, related phone lines, and equipment necessary for their operation. The area where the ATM is installed will be determined solely by Sunoco.
Furthermore, the lease agreement between Sunoco and the franchisee stipulates that Sunoco, as the Lessor, may designate a portion of the premises for the installation and use of Electronic Banking Machines, referred to as the "ATM" site. This means that Sunoco has the authority to decide where the ATM will be located on the property.
As an Aplus franchisee, you are required to participate in the Sunoco Turnkey ATM Program, meaning an ATM designated by Sunoco will be installed in your store. While Sunoco decides on the ATM installation, the franchisee is responsible for the continued safety, operational, and maintenance requirements of the ATM. Sunoco also reserves the right to include ATM commissions in the Gross Sales calculation and charge Royalty Fees on those commissions, provided they give the franchisee at least 30 days' prior written notice.