Does Petro Stopping Center have the right to refuse any request from a franchisee?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
Whenever we have reserved in this Agreement a right to take or withhold an action, or to grant or decline to grant you a right to take or omit an action, we may, except as otherwise specifically provided in this Agreement, make our decision or exercise our rights based on the information readily available to us and our judgment of what is in our and/or our franchise network's best interests at the time our decision is made, all in our sole
discretion.
Additionally, because complete and detailed uniformity under many varying conditions may not be possible or practical, we specifically reserve the right and privilege, in our sole and absolute discretion and as we may deem in the best interests of all concerned in any specific instance, to vary standards and Franchise Agreement provisions for any franchisee or prospective franchisee based upon the peculiarities of a particular site or circumstance, density of population, business potential, population or trade area, existing business practices, or any other condition which we deem to be of importance to the successful operation of the Petro Center.
You will not have the right to complain about a variation from standard specifications and practices granted to any other Petro Center and will not be entitled to require us to grant you a like or similar variation.
Source: Item 17 — RENEWAL TERMS. (FDD pages 208–228)
What This Means (2025 FDD)
According to Petro Stopping Center's 2025 Franchise Disclosure Document, Petro Stopping Center retains significant discretion in operating and modifying the Petro System and its standards. Petro Stopping Center has the right to make decisions or exercise its rights based on readily available information and its judgment of what is in the best interests of both itself and its franchise network. This includes the right to grant or decline a franchisee's request.
Petro Stopping Center specifically reserves the right to vary standards and franchise agreement provisions for any franchisee or prospective franchisee. This variance can be based on site peculiarities, population density, business potential, existing business practices, or any other condition Petro Stopping Center deems important for the successful operation of the Petro Center. A franchisee cannot complain about variations granted to other Petro Centers nor demand similar variations for themselves.
This clause grants Petro Stopping Center broad authority to adapt the franchise system to specific circumstances, but it also means that franchisees may not receive uniform treatment. A prospective franchisee should consider that Petro Stopping Center can make decisions that affect their business without necessarily extending the same considerations to other franchisees. It is important to discuss with Petro Stopping Center the conditions under which they might vary standards and what recourse a franchisee has if they disagree with a decision.