Does this table summarize sections from agreements other than the standard Aplus franchise agreement?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 17: RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION]
| Provision | Section in franchise or other agreement | Summary |
|---|---|---|
| or | ||
| similar | ||
| state | ||
| laws; | ||
| or | ||
| has | ||
| outstanding | ||
| judgments against it or any Owner for over 30 | ||
| days, (xxiii) any default under any agreement | ||
| between you and us or our Affiliate (cross | ||
| defaults) (xxiv) failure on 2 or more separate | ||
| noticed occasions to comply with the same | ||
| obligation in any time-frame, and (xxv) receive | ||
| two or more default notices within 12 month time | ||
| frame | ||
| for | ||
| any | ||
| violation | ||
| of | ||
| the | ||
| franchise | ||
| agreement or the System Standards. | ||
| i. Franchisee's obligations on termination/ nonrenewal | APLUS - 17 Premises - 2.23 | Upon termination or non-renewal of the APLUS Franchise Agreement only, you must: (i) immediately cease to operate the APLUS Store; (ii) cease to use the Trade Secrets or other Confidential Information, the System and the Marks including, without limitation, all slogans, symbols, logos, advertising materials, stationery, forms and any other items which display or are associated with the Marks; (iii) take such action as may be necessary to cancel or assign to Franchisor, at Franchisor's option, any assumed name or equivalent registration filed with state, city or county authorities which contains the name APLUS, SUNOCO, or any other Mark, and you must provide to Franchisor with evidence satisfactory to Franchisor of compliance with this obligation within thirty (30) days after termination or expiration of this Agreement; (iv) pay all sums owing to Franchisor and any affiliate (v) pay to Franchisor all costs and expenses, including reasonable attorneys' fees, incurred by Franchisor subsequent to the termination or expiration of the Franchise in obtaining injunctive or other relief for the enforcement of any provisions of the franchise agreement; (vi) immediately return to Franchisor the Systems Manual, Trade Secrets and all other Confidential Information including records, files, instructions, brochures, agreements, referral contact list, disclosure statements and any and all other materials provided by Franchisor to Franchisee relating to the operation of the APLUS Store; (vii) assign all of Franchisee's email addresses, any websites, and telephone listings and numbers |
[Item 17: RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION]
| Provision | Section in franchise or other agreement | Summary | |
|---|---|---|---|
| q. | Non-competition covenants during the term of the franchise | No provision | There is no covenant by either party not to compete. |
| r. | Non-competition covenants after the franchise is terminated or expires | APLUS - 7 | In the event you or any owner is in default which has led to premature termination of the franchise agreement, you and any owner are prohibited from owning an interest in, investing in, managing, operating, or performing services, consulting with, or be employed by or for any competitive business located within 20 miles of your APLUS Store or any other APLUS Store, for two years after termination or expiration of the franchise agreement. Excepted from this restriction are any competitive businesses owned by you or an affiliate at the time of termination of the franchise agreement. |
| s. | Modification of the agreement | APLUS – 23.7 Premises - 2.27 | Except for those permitted to be made unilaterally by us under the APLUS Franchise Agreement or related agreements, the agreements may not be modified unless mutually agreed to in writing. |
| t. Integration/merger clause | APLUS – 23.7 Premises - 2.27 | Only the terms of the APLUS Franchise Agreement and related agreements are binding (subject to state law). Any representations or promises outside of the disclosure document and APLUS Franchise Agreement and related agreements may not be enforceable. Nothing in the APLUS Franchise Agreement and related agreements is intended to disclaim any representations we made in this disclosure document. | |
| u. | Dispute resolution by arbitration or mediation | No provision | None |
| v. | Choice of Forum | APLUS – 24.2 | Subject to applicable state law, the venue for all proceedings related to or arising out of the APLUS Franchise Agreement is Dallas, Texas. See the State Specific Addenda attached to this Disclosure Document. |
| w. | Choice of Law | APLUS – 24.1 | Texas law applies (subject to applicable state law). See the State Specific Addenda attached to this Disclosure Document. |
[Item 17: RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION]
ITEM 17 RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION
This table lists certain important provisions of the franchise and related agreements. You should read these provisions in the agreements attached to this Disclosure Document.
Legend:
"APLUS" means the APLUS Franchise Agreement
"Premises" means the APLUS Premises Lease
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 53–64)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the table in Item 17 summarizes provisions from both the Aplus Franchise Agreement and related agreements. The legend defines "APLUS" as the Aplus Franchise Agreement and "Premises" as the Aplus Premises Lease.
Several provisions listed in the table refer to specific sections within both the APLUS Franchise Agreement and the Premises Lease. For example, the franchisee's obligations upon termination or non-renewal are detailed in "APLUS - 17 Premises - 2.23". Similarly, modifications to the agreement are addressed in "APLUS – 23.7 Premises - 2.27", and the integration/merger clause is found in "APLUS – 23.7 Premises - 2.27".
This indicates that the table provides a summary of key provisions not only from the standard Aplus Franchise Agreement but also from the Aplus Premises Lease, which is a related agreement. Prospective franchisees should carefully review both agreements and their corresponding sections as referenced in the table to fully understand their rights and obligations.