Does Amorino's consent to a transfer waive any claims Amorino may have against the transferring party?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- F. Non-Waiver of Claims. Amorino's consent to a transfer shall not constitute a waiver of any claims it may have against the transferring party, and it will not be deemed a waiver of Amorino's right by the transferee to demand strict compliance with any of the terms of this Agreement, or any other agreement to which Amorino and the transferee are parties.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, Amorino's consent to a transfer of a franchise does not constitute a waiver of any claims Amorino may have against the transferring party. This means that even if Amorino approves the transfer of the franchise to a new owner, Amorino still retains the right to pursue any existing claims or legal actions against the original franchisee.
This provision protects Amorino's interests by ensuring that it can still seek compensation or resolution for any breaches of the franchise agreement or other issues that occurred during the original franchisee's tenure. It also clarifies that Amorino's approval of the transfer does not imply acceptance of any past actions or liabilities of the transferring party.
Furthermore, Amorino's consent to a transfer does not waive its right to demand strict compliance with the franchise agreement from the new franchisee (the transferee). This ensures that the new franchisee is fully accountable for adhering to all terms and conditions of the agreement, maintaining the standards and integrity of the Amorino brand.