According to the Amorino Personal Guaranty, who is the Franchisor?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor has signed or intends to sign a franchise agreement with Franchisee (the "Franchise Agreement"), under which Franchisor grants to Franchisee certain rights with regard to the development and operation of an Amorino Store (all capitalized terms used but not defined herein shall have the meanings set forth in the Franchise Agreement). Before allowing Covenantor to have access to the Confidential Information (defined below), and as a material requirement necessary to protect Franchisor's proprietary rights in and Franchisee's right to use the Confidential Information, Franchisor and Franchisee require that Covenantor enter into this Agreement.
To induce Franchisor to enter into the Franchise Agreement and/or to avoid a material breach thereof, as the case may be, Franchisor, Franchisee and Covenantor desire that Covenantor enter into this Agreement. Furthermore, due to the nature of Franchisor's and Franchisee's business, any use or disclosure of the Confidential Information other than in accordance with this Agreement will cause Franchisor and Franchisee substantial harm.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to the 2025 Amorino Franchise Disclosure Document, the franchisor that signs the franchise agreement with the franchisee is referenced as "Franchisor" in the preambles of the contract. The document states that before allowing the Covenantor access to confidential information, the Franchisor requires the Covenantor to enter into an agreement to protect the Franchisor's proprietary rights and the Franchisee's right to use confidential information.
The document also indicates that to induce the Franchisor to enter into the Franchise Agreement, the Franchisor, Franchisee, and Covenantor desire that the Covenantor enter into the agreement. This highlights the importance of the agreement for all parties involved, especially in protecting the interests and confidential information of both the Franchisor and Franchisee.
Furthermore, the document specifies that any use or disclosure of confidential information outside the agreement's terms will cause substantial harm to both the Franchisor and Franchisee. This underscores the critical need for the Covenantor to adhere to the agreement's terms to avoid potential legal and financial repercussions.