factual

Are vendor payments included in the Gross Sales calculation for an Aplus franchise?

Aplus Franchise · 2024 FDD

Answer from 2024 FDD Document

Note 1: "Gross Sales" means total amount of your sales and any merchandise inventory variation including the total amount of consideration, valued in U.S. currency, received by you for sales from or in the APLUS Store from: (a) merchandise, (b) services, (c) equipment rentals, and (d) merchandise inventory variation, if any, as further described in the Systems Manual, without deduction on account of any of the following: (a) the cost of goods sold, including taxes paid by you in procuring goods for resale; (b) the cost of material used, labor or service cost, interest paid or any other expense; or (c) the cost of transportation of the goods. Gross Sales include all barter and exchange transactions for which you furnish services or products in exchange for goods or services to be provided by the vendor, supplier or customer will be valued at the full retail value of the goods and services bartered in exchange for the good or services provided to you. Gross Sales also includes the proceeds of any business interruption insurance paid to you. Gross Sales also includes any payments you receive from vendors. Chargebacks are not deducted from Gross Sales.

The following are not included in Gross Sales: (a) gasoline, diesel, and other fuel sales (if applicable, when operating a fueling station), (b) the amount of tax imposed by the United States or any city, county, state, or other governmental entity or agency or instrumentality thereof upon or with respect to retail sales of tangible personal property measured by a stated percentage of sales price or gross receipts, whether imposed upon you as a seller or upon the customer as a purchaser; (c) any deposits refunded to customers; (d) the sale price of returned merchandise by customers when the full sale price is refunded either in cash or credit, but this exclusion shall not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price equal to or greater than the amount charged for the property which is returned. For purposes of calculating Gross Sales, refund or credit of the entire amount shall be deemed to be given when the purchase price, less re-handling and restocking costs, is refunded or credited to the customer; (e) lottery and other commissions; (f) money orders (face value); (g) ATM income from fees, commissions, and rentals; (h) money order fees; (i) prepaid product sales and commissions on products from designated supplier; (j) federal, state and local excise taxes on cigarettes. For purposes of this excise tax exclusion, the calculation and deduction of the above taxes shall be calculated based on the tax rate that is in effect on the first day of the month, and is only applicable to cigarette products that are authorized as a part of the APLUS cigarette planograms; (k) car wash and automotive repairs; and (l) proprietary SUNOCO food service businesses and convenience store product offerings from which no royalty is collected in accordance with the terms of the applicable participation agreement.

Source: Item 6 — OTHER FEES (FDD pages 16–28)

What This Means (2024 FDD)

According to Aplus's 2024 Franchise Disclosure Document, payments received from vendors are included when calculating Gross Sales. Gross Sales are used to calculate royalty fees and other fees. This means that any payments an Aplus franchisee receives from vendors for any reason must be factored into their total Gross Sales figure.

This inclusion of vendor payments in Gross Sales could increase the royalty fees owed to Aplus. It is important for prospective franchisees to understand how vendor payments are defined and tracked to ensure accurate reporting and avoid potential disputes with the franchisor.

However, the FDD also specifies certain exclusions from Gross Sales, such as sales of gasoline, diesel, and other fuels (if applicable), sales taxes, customer refunds, lottery commissions, money order values, ATM income, money order fees, prepaid product sales and commissions from designated suppliers, excise taxes on cigarettes, car wash and automotive repairs, and proprietary SUNOCO food service businesses and convenience store product offerings from which no royalty is collected in accordance with the terms of the applicable participation agreement. Franchisees should carefully review these exclusions to determine which sales are not subject to royalty fees.

In addition to royalty fees, Gross Sales are used to calculate other fees, such as the Alcoholic Beverages Assessment (1% of Gross Sales), the Non-Compliance Fee (additional 1% of Gross Sales or actual costs of enforcement, whichever is higher), and the Marketing Fee (up to $1,500 or 2% of Gross Sales, whichever is less).

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.