Besides arbitration, what other legal recourse does Amorino have regarding disputes?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
ure Document –April 24, 2025 Page 59 of 80*
| Dispute u. | Section 22 of | In the event of any dispute arising out of or in connection with |
|---|---|---|
| resolution by | the Franchise | the franchise agreement or the relationship of the parties, |
| arbitration or | Agreement | including without limitation any claim related to termination or |
| mediation | expiration of the franchise agreement and any claim for damages and/or compensation related thereto, the parties agree to submit the matter to mediation under the American Arbitration Association Commercial Mediation Rules. If the mediation is not successful, any controversy, claim, cause of action or dispute arising out of, or relating to any of your stores or the franchise agreement, including, but not limited to (i) any claim by you, or any person in privity with or claiming through, on behalf of or in the right of you, concerning the entry into, performance under, or termination of, the franchise agreement or any other agreement entered into by us, or our subsidiaries or affiliates, and you, (ii) any claim against a past or present employee, officer, director or agent of us, (iii) any claim of breach of the franchise agreement, and (iv) any claims arising under state or federal laws, shall be submitted to final and binding arbitration as the sole and exclusive remedy for any such controversy or dispute. | |
| Choice | Section 22 of | Subject to applicable state law, except for our right to obtain |
| v. | ||
| of forum | the franchise | injunctive relief in any appropriate jurisdiction, any dispute |
| agreement | arising out of the franchise agreement or our relationship shall first be submitted to mediation, and if it is not resolved in mediation, then it shall be submitted to arbitration, under the rules of the American Arbitration Association, to take place in New York County, New York. | |
| Choice | Section 22.A | Subject to applicable state law, governed by Delaware law. If |
| w. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 55–67)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, in the event of a dispute, Amorino and its franchisees are first required to participate in mediation. This applies to disputes arising from the franchise agreement or the relationship between the parties. The mediation process must follow the American Arbitration Association Commercial Mediation Rules.
Specifically, before resorting to arbitration, both Amorino and the franchisee must submit to mediation for any disputes related to the franchise agreement. This includes claims related to the termination or expiration of the agreement, as well as any claims for damages or compensation. The goal of mediation is to attempt to resolve the issue amicably before pursuing more formal and costly legal avenues.
However, Amorino retains the right to seek injunctive relief in any appropriate jurisdiction, without first going through mediation or arbitration. This means that Amorino can immediately go to court to obtain a court order if they believe that the franchisee is engaging in activities that are causing immediate and irreparable harm to the Amorino brand or business.