Upon termination or expiration of an Aplus franchise, what must the franchisee do with their email addresses, websites, and telephone listings for the Franchised Business?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
f the Franchised Business, the Management Fee shall be payable to Franchisor within seven (7) days of invoice. You shall indemnify and hold harmless Franchisor from any and all claims arising from the alleged acts and omissions of Franchisor and its representatives, pursuant to Section 21 below. Franchisor shall have the uninhibited right to choose its designee, who may be Franchisor's affiliate or another franchisee, without approval from Franchisee.
17. RIGHTS AND DUTIES UPON EXPIRATION OR TERMINATION
17.1. Actions to be Taken
Except as otherwise provided herein, upon termination or expiration, this Agreement and all rights granted hereunder to Franchisee shall terminate and Franchisee shall:
- 17.1.1. Immediately cease to operate the Franchised Business and shall not thereafter, directly or indirectly, represent to the public or hold itself out as a present or former franchisee of Franchisor;
- 17.1.2. 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;
- 17.1.3. 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 or any other Mark, and Franchisee shall furnish Franchisor with evidence satisfactory to Franchisor of compliance with this obligation within thirty (30) days after termination or expiration of this Agreement;
- 17.1.4. Pay all sums owing to Franchisor and any Affiliate, including amounts due under Section 17.2, below.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
The 2024 Aplus Franchise Disclosure Document outlines the franchisee's obligations upon termination or expiration of the franchise agreement. Specifically, the franchisee must cease operating the Franchised Business immediately and cannot represent themselves as a current or former Aplus franchisee. They are also required to stop using any trade secrets, confidential information, the Aplus system, and the brand's trademarks, including slogans, logos, advertising materials, and stationery.
Additionally, the franchisee must take necessary actions to cancel or assign any assumed name registrations containing the Aplus name or any other Aplus mark to the franchisor, if the franchisor chooses. The franchisee has 30 days after termination or expiration to provide satisfactory evidence of compliance with this obligation to Aplus.
Prior to termination, if the franchisee owes money to Aplus or its affiliates, fails to comply with the agreement, or notifies Aplus that the business is closing, Aplus has the option to remove the business's listing from all advertising and technology platforms. The FDD does not specifically mention email addresses, websites, and telephone listings, but it is likely that these would be included in the removal of listings from advertising and technology platforms.