Does the Amorino Area Developer Agreement consider the Area Developer to be an employee of the Company?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
It is expressly agreed that the parties intend by this Agreement to establish between Company and Area Developer the relationship of franchisor and franchisee. It is further agreed that Area Developer has no authority to create or assume in Company's name or on behalf of Company, any obligation, express or implied, or to act or purport to act as agent or representative on behalf of Company for any purpose whatsoever. Neither Company nor Area Developer is the employer, employee, agent, partner or co-venturer of or with the other, each being independent. Area Developer agrees that he will not hold himself out as the agent, employee, partner or coventurer of Company. All employees hired by or working for Area Developer shall be the employees of Area Developer and shall not, for any purpose, be deemed employees of Company or subject to Company control. Each of the parties agrees to file its own tax, regulatory and payroll
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the Area Developer is explicitly not considered an employee of the company. The agreement establishes a franchisor-franchisee relationship, emphasizing that the Area Developer operates as an independent entity.
Amorino's Area Developer has no authority to create obligations on behalf of Amorino or act as its representative. The Area Developer is responsible for their own business operations, including hiring and managing their own employees, who are not considered employees of Amorino. This distinction is crucial for liability and operational control, as the Area Developer is responsible for their own tax, regulatory, and payroll reports.
This arrangement is typical in franchising, where franchisees are independent business owners rather than employees. This independence allows the Area Developer to manage their business according to their own strategies while adhering to Amorino's brand standards and operational guidelines. The Area Developer also agrees not to present themselves as an agent, employee, partner, or co-venturer of Amorino.