Are there any operational or miscellaneous fees that Aplus franchisees must pay during the term of the Franchise Agreement, and if so, where are these fees described?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
3.5. Other Operational and Miscellaneous Fees
During the term of the Agreement, other operational and/or miscellaneous fees apply to the Franchised Business. As applicable, Franchisee shall pay such other fees in the amount and within the timeframe as described in Attachment 1, or as further described in this Agreement.
13.4. Hours and Days of Operation
Franchisee shall keep the Franchised Business open for business for the number of hours and days per week as described on Attachment 1. Failure to cause the APLUS Store to be open for business during the hours and days prescribed by Franchisor is a material breach of this Agreement. Failure to operate at least the number of hours as described on Attachment 1, unless prohibited by law, will result in an administrative fee equal to an additional one percent (1%) of the monthly Royalty Fee per day until the Franchised Business is open the minimum number of hours.
3.10. Alcohol Sales
If Franchisee is prohibited by law from offering for sale alcoholic beverages at the Franchised Business, or otherwise chooses not to offer for sale alcoholic beverages at the Franchised Business, Franchisee shall pay an additional fee of 1% of Gross Sales ("Alcoholic Beverages Assessment") as indicated in Attachment 1, in addition to the Royalty Fee.
3.8. Interest Charges
All Royalty Fees, Marketing Fees, Technology Fees, and any other amounts not received by Franchisor on the due date, will be subject to interest charges equal to the highest rate allowed by applicable state law. Interest will begin to accrue from the date payment was due, but not received, or date of underpayment, until payment is received in full. Franchisee shall pay Franchisor for all costs incurred by Franchisor in the collection of any unpaid and past due amounts, including reasonable collection or attorney fees.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, franchisees may be subject to other operational and miscellaneous fees during the term of the agreement. These fees, as applicable, are outlined in Attachment 1 or further described within the agreement itself.
If an Aplus franchisee fails to operate the store for the minimum required hours as described in Attachment 1, unless prohibited by law, they will incur an administrative fee. This fee is equivalent to an additional 1% of the monthly Royalty Fee for each day the store does not meet the minimum hour requirement.
Additionally, if a franchisee is either prohibited from selling alcoholic beverages or chooses not to sell them, they must pay an Alcoholic Beverages Assessment fee. This fee is 1% of Gross Sales, in addition to the Royalty Fee, as indicated in Attachment 1. Furthermore, Aplus reserves the right to impose a non-compliance fee if a franchisee fails to comply with the franchisor's space allocation/planogram requirements for the store, particularly concerning the beer/wine segment.
Interest charges may also apply to all Royalty Fees, Marketing Fees, Technology Fees, and any other amounts not received by Aplus on the due date, accruing at the highest rate allowed by applicable state law from the date payment was due until it is received in full. Franchisees are also responsible for covering all costs incurred by Aplus in the collection of any unpaid and past due amounts, including reasonable collection or attorney fees.