Does Sunoco's assumption of responsibility for repair relieve the Aplus franchisee of liability to third parties due to a state of disrepair?

According to Aplus's 2024 Franchise Disclosure Document, Sunoco's assumption of responsibility for repairs does not relieve the franchisee of liability to third parties. Specifically, even if the franchisee notifies Sunoco of a needed repair and Sunoco assumes responsibility for that repair, the franchisee remains liable for any damages or injuries incurred by third parties due to the state of disrepair. Third parties include the franchisee's employees, customers, invitees, and the general public.

This means that even if Sunoco is technically responsible for the repair, the Aplus franchisee is still legally responsible if someone gets hurt or incurs damages because the repair wasn't done. This could include slip-and-fall accidents, property damage, or other incidents resulting from the disrepair.

This provision highlights the importance of Aplus franchisees maintaining a safe environment and promptly addressing any maintenance issues, regardless of Sunoco's repair responsibilities. Franchisees should ensure they have adequate insurance coverage to protect against potential liabilities arising from disrepair, even when Sunoco is slated to handle the actual repairs.