factual

Under what conditions can Sunoco immediately terminate an Aplus franchisee's interest in the lease, premises, and loaned equipment?

Aplus Franchise · 2024 FDD

Answer from 2024 FDD Document

  • (A) This Lease shall not be assigned in whole or in part by you nor shall your interest in the Premises or Loaned Equipment be assigned in whole or in part, either voluntarily or by operation of law, except with Sunoco's prior written consent. This Lease shall not be sublet in whole or in part by you nor shall your interest in the Premises or Loaned Equipment be sublet in whole or in part, either voluntarily or by operation of law. Any assignment or attempt to assign without Sunoco's prior written consent or any subletting or attempt to sublet shall result in immediate termination of your interest in and to this Lease, the Premises, and Loaned Equipment.

Source: Item 23 — RECEIPT (FDD pages 68–302)

What This Means (2024 FDD)

According to Aplus's 2024 Franchise Disclosure Document, Sunoco can immediately terminate a franchisee's interest in the lease, premises, and loaned equipment if the franchisee attempts to assign or sublet the lease, premises, or loaned equipment without Sunoco's prior written consent. This applies whether the assignment or subletting is done voluntarily or by operation of law.

This provision is significant for prospective Aplus franchisees because it strictly limits their ability to transfer their rights and obligations under the lease. Franchisees must obtain explicit written permission from Sunoco before assigning or subletting any part of their interest in the leased property or equipment. Failure to do so can result in immediate termination of the lease, which would have serious repercussions for the franchisee's business operations.

This type of clause is relatively standard in franchise agreements, as franchisors like Aplus typically want to maintain control over who operates at their locations to protect their brand and ensure consistent standards. Franchisees should carefully consider this restriction and factor it into their long-term business plans, especially if they anticipate needing to transfer or sublet the business at any point.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.