factual

What rights does the seller have to access the Circle K premises to inspect environmental compliance?

Circle_K Franchise · 2025 FDD

Answer from 2025 FDD Document

(e) Purchaser agrees that Seller's representatives shall be permitted to enter upon the Premises from time to time to perform physical measurements and reconciliation of product stored in USTs and to inspect and/or test any equipment and records used for complying with any local, state, or federal environmental protection or environmental compliance requirements, including, but not limited to, Purchaser's reconciliation and inspection records.

However, Seller is not obligated to make any such inspections or tests.

Source: Item 23 — RECEIPTS (FDD pages 100–359)

What This Means (2025 FDD)

According to Circle K's 2025 Franchise Disclosure Document, the seller's representatives are permitted to enter the premises to perform physical measurements and reconciliation of product stored in underground storage tanks (USTs). This includes the right to inspect and/or test any equipment and records used for complying with local, state, or federal environmental protection or compliance requirements. These inspections can include the review of the franchisee's reconciliation and inspection records. However, the seller is not obligated to conduct these inspections or tests.

This provision ensures that Circle K can monitor and enforce environmental compliance at its franchised locations. It allows Circle K to verify that franchisees are adhering to all applicable environmental laws and regulations, as well as the company's own environmental protection programs. This is particularly important for Circle K, given the potential environmental risks associated with the storage and sale of motor fuels.

For a prospective Circle K franchisee, this means they must allow Circle K representatives access to their premises to conduct environmental inspections and tests. Franchisees should maintain accurate records of all UST maintenance, inspections, and product measurements to demonstrate compliance. While Circle K is not required to perform these inspections, the franchisee must be prepared for them and cooperate fully with any environmental protection programs established by Circle K or its suppliers. Failure to comply with environmental regulations or cooperate with Circle K's inspections could result in penalties or other enforcement actions.

Disclaimer: This information is extracted from the 2025 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.