Does Amorino assume liability under the lease agreement for an Amorino franchise?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- d.
An acknowledgement by the landlord and you that Amorino shall not be a party to the Lease and will have no liability under the Lease, unless and until the Lease is assumed by Amorino.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, Amorino will not be a party to the lease agreement and will have no liability under the lease unless and until Amorino assumes the lease. The lease agreement must contain an acknowledgement by both the landlord and the franchisee confirming this arrangement. This clause protects Amorino from being held responsible for the franchisee's lease obligations unless Amorino explicitly takes over the lease.
This provision is a standard practice in franchising, where the franchisee, as an independent business owner, is typically responsible for their own lease agreements. However, Amorino retains the right to approve the lease terms to ensure they align with the brand's requirements. This approval does not imply any economic favorability of the lease terms but rather confirms that the lease contains the provisions Amorino requires.
Furthermore, Amorino maintains the option to assume the lease upon the expiration or termination of the Franchise Agreement. This option is exercised with a written notice to the franchisee within 30 days of the agreement's end. If Amorino or its designee assumes the lease, the franchisee must transfer their interest in all leasehold improvements without additional compensation. This clause provides Amorino with flexibility in maintaining the location for continued operation or other purposes after the franchise agreement concludes.
In the event that Amorino does not assume the lease, the franchisee is obligated to modify the premises to distinguish it from other Amorino stores, including changing the color scheme and removing proprietary marks. This ensures that the location no longer represents the Amorino brand after the franchise agreement ends. Additionally, Amorino has the right to enter the premises to perform quality assurance inspections and make necessary modifications to protect the system and proprietary marks, further emphasizing their control over brand representation and standards.