Are there any specific deadlines mentioned in the Aplus franchise agreement related to the provisions summarized in this table?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
| 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 |
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, there is one specific deadline mentioned in the context of franchisee obligations upon termination or non-renewal of the franchise agreement.
Specifically, if the Aplus Franchise Agreement is terminated or not renewed, the franchisee must provide evidence satisfactory to Aplus of compliance with the obligation to cancel or assign any assumed name or equivalent registration filed with state, city, or county authorities which contains the name APLUS, SUNOCO, or any other Mark. This evidence must be provided to Aplus within thirty (30) days after the termination or expiration of the Agreement.
This requirement ensures a clean break between Aplus and the former franchisee, preventing any continued association or potential confusion in the marketplace after the franchise relationship ends. Failing to meet this 30-day deadline could potentially lead to legal repercussions or other enforcement actions by Aplus to protect its brand and trademarks.