Are there any exceptions to what Aplus considers a 'Competitive Business'?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- "Competitive Business" means any business that offers or provides (or grants franchises or licenses to others to operate a business that offers or provides) Competitive Services; provided, however, that the term "Competitive Business" shall not apply to (a) any business operated by Developer under a Franchise Agreement with Franchisor, or (b) any business operated by a publicly-held entity in which Developer owns less than a five percent (5%) legal or beneficial interest;.
Source: Item 22 — CONTRACTS (FDD page 68)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, a 'Competitive Business' is defined as any business that offers or provides Competitive Services, or grants franchises or licenses to others to do so. However, there are specific exceptions to this definition.
Aplus specifies that the term 'Competitive Business' does not apply to any business operated by the Developer (franchisee) under a Franchise Agreement with Aplus. This means that if a franchisee operates another business under the Aplus brand, it will not be considered a competitive business. Additionally, a business operated by a publicly-held entity in which the Developer owns less than a five percent (5%) legal or beneficial interest is also excluded from the definition of a Competitive Business.
These exceptions provide clarity for potential Aplus franchisees, particularly those who may have existing business interests or investments. It is important for prospective franchisees to fully understand these definitions and exceptions, as they impact the franchisee's ability to engage in other business ventures during and after their franchise agreement with Aplus.