Does Amorino assume any liability by providing any suggestion to me in connection with the Amorino Agreement?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
tore in its Franchise Disclosure Document and any updates.
14. INDEPENDENT CONTRACTOR, INSURANCE AND INDEMNIFICATION
A. Independent Contractor.
- (1) Amorino and you acknowledge and agree that you are operating the Franchised Business as an independent contractor. This Agreement does not create a fiduciary relationship between us. Nothing contained in this Agreement shall create or be construed to create a partnership, joint venture, or agency relationship between the parties. Neither party shall be liable for the debts or obligations of the other. Although you must comply with the terms of this Agreement and the System, you will have full and complete control of the manner in which you comply and full and complete control of the day-to-day operation of the Store and your business policies and practices.
- (2) Nothing in this Agreement authorizes you to make any contract, agreement, warranty, representation or promises on our behalf, to transact business in our name or in any manner make any promises or representations on behalf of the other party, or incur any debts or obligations on behalf of us or our Affiliates, or to otherwise bind us or our Affiliates. We shall in no event assume liability for, or be deemed liable as a result of any act or omission by you in your conduct of the Store.
- (3) You shall represent yourself to the public as an independent contractor operating the Store pursuant to a franchise from us. You shall conspicuously identify yourself and the Franchised Business in all dealings with your customers, contractors, suppliers, public officials, and others, as an independent franchisee of Amorino, and shall place notice of that fact in the form that we provide, in a conspicuous place in the Store as determined by Amorino and you.
B. Insurance Obligations.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
Based on the 2025 Amorino Franchise Disclosure Document, Amorino does not assume liability for the franchisee's actions. The agreement explicitly states that the franchisee operates as an independent contractor. This means that the franchisee is responsible for the day-to-day operations of their Amorino store, including business policies and practices, and is liable for their own debts and obligations.
According to the FDD, the franchisee cannot make any contracts, agreements, warranties, representations, or promises on Amorino's behalf, transact business in Amorino's name, or incur any debts or obligations on behalf of Amorino or its affiliates. Amorino is not liable for any act or omission by the franchisee in the operation of the store. The franchisee must represent themselves to the public as an independent contractor operating the store under a franchise from Amorino and must identify themselves as an independent franchisee in all dealings with customers, contractors, suppliers, and public officials.
Furthermore, the franchisee agrees to indemnify Amorino in the event that the store's operation causes any cost, expense, liability, or damage to the franchisee or Amorino. This indemnification clause reinforces the independent contractor relationship and further protects Amorino from liabilities arising from the franchisee's business operations. This is a common practice in franchising, where franchisees typically bear the responsibility for their business's liabilities.