Before signing a lease for a Petro Stopping Center location, is approval from the franchisor required?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
te for a Petro Center or for any other purpose; and
- (b) our recommendation or approval of the Protected Area (if any) or Site indicates only that we believe that the Protected Area (if any) or Site falls within the acceptable criteria for sites and areas that we have established as of the time of our recommendation or approval of the Protected Area (if any) or Site.
4.3 Leases.
(a) Lease of Site. You must acquire premises for the Petro Center. At your option, you may lease the Site or acquire it by other means.
- (b) Lease Approval. You must obtain our approval of the lease(s) (if any) (each a "Lease") before you sign it, or any renewal of it. You must deliver a copy of each signed Lease to us within three (3) business days after its full execution along with the fully executed Lease Assignment. Our review and approval of the Lease is solely to ensure that the Lease contains terms that we accept or require for our benefit and the Petro System; it is not a substitute for careful review and analysis by you and your advisors. Our approval of the Lease does not constitute a warranty or any assurance that the Lease contains terms and conditions for your benefit nor that the location will be successful. You agree and acknowledge that you are solely responsible for negotiating the Lease and ensuring that its terms and conditions meet your interests and objectives. You must pay us the Leasing Review Fee set forth in Section 9.6 and reimburse us for such other reasonable legal fees we incur in connection with our review and negotiation of the Lease and related agreements and documentation.
- (c) Lease Assignment. You must not sign any Lease or renewal of a Lease unless you and the lessor and/or sublessor (if applicable) have also signed our Lease Assignment and the Memorandum of Right of First Refusal attached thereto. We reserve the right to revise or add provisions to the Lease Assignment based on the terms of your Lease. Failure to provide a fully executed copy of the Lease Assignment within three (3) business days of full execution of your Lease is a breach of the Franchise Agreement by you.
- (d) Indemnification. You agree to defend, indemnify, and hold us and our Affiliates, and each of our and their respective officers, directors, employees, agents, representatives, successors and assigns (the "Franchisor Indemnified Parties") harmless from and against any and all claims, demands, actions, causes of action, proceedings, losses, damages, injuries, liabilities, awards, judgments, settlements of damages, cost and expenses, including attorneys' fees and litigation expenses (the "Claims") based upon or arising out of your breach of any of the terms of the Lease, including the failure to pay rent or any other terms and conditions of the Lease.
- (e) Default. If you breach or default under the Lease, or if we pay the Lessor any money as a result of your breach of the Lease, then you will be in breach of this Agreement, and we will be entitled to possession of the Site as described in this Section, and to all of your rights, title and interest in the Lease, without limitation on any other remedies available to us under this Agreement, at law or in equity, or under any other agreements between you and us.
Source: Item 14 — Other investments (FDD pages 131–208)
What This Means (2025 FDD)
According to Petro Stopping Center's 2025 Franchise Disclosure Document, you must obtain approval of any lease before you sign it, including any renewals. Within three business days after fully executing the lease, you must provide Petro Stopping Center with a copy of the signed lease, along with the fully executed Lease Assignment.
Petro Stopping Center's review and approval of the lease is to ensure the lease contains terms that they require or accept for their benefit and the benefit of the Petro System. However, this approval does not substitute careful review and analysis by you and your advisors. Petro Stopping Center's approval of the lease does not provide any assurance that the lease contains terms and conditions that will benefit you or that the location will be successful.
You are solely responsible for negotiating the lease and ensuring that its terms and conditions meet your objectives and interests. You must pay Petro Stopping Center a Leasing Review Fee and reimburse them for any other reasonable legal fees they incur while reviewing and negotiating the lease and related documentation. You must not sign any lease or renewal of a lease unless you and the lessor have also signed Petro Stopping Center's Lease Assignment and the Memorandum of Right of First Refusal attached to it. Failure to provide a fully executed copy of the Lease Assignment within three business days of the full execution of your lease constitutes a breach of the Franchise Agreement.
You also agree to indemnify Petro Stopping Center and its affiliates against any claims arising from your breach of the lease terms, including failure to pay rent. Furthermore, you may not enter into a lease, sub-lease, franchise agreement, or management agreement with any third party in connection with any portion of the Site or your Petro Center without providing Petro Stopping Center copies of the relevant agreements and related documents and obtaining their prior approval, which may be withheld or conditioned in their sole discretion. Petro Stopping Center reserves the right to require that you delete, revise or insert provisions into such agreements, as they deem necessary to protect their rights under the Agreement. Once such an agreement is approved, you may not modify or amend it without obtaining their prior approval, which may be withheld or conditioned in their sole discretion.