Under what condition is the Aplus franchisor responsible for providing notices of breach or compromise concerning customers?

According to Aplus's 2024 Franchise Disclosure Document, the franchisee is generally responsible for providing all notices of breach or compromise and all duties to monitor credit histories and transactions concerning customers of the franchised business. However, Aplus may direct otherwise, in which case Aplus would assume this responsibility.

This means that as a general rule, if there is a data breach or compromise of customer information at an Aplus franchise, the franchisee is the one responsible for notifying affected customers and monitoring their credit histories. This responsibility includes any costs associated with these actions.

However, Aplus retains the right to direct the franchisee to not take these actions, thereby assuming the responsibility for providing notices of breach or compromise. It is important for a prospective franchisee to understand under what specific circumstances Aplus would take on this responsibility and what the process would be for Aplus to direct the franchisee to relinquish this duty.