What are the consequences for an Amorino franchisee if they fail to maintain a maintenance agreement with the applicable manufacturers (Item 8), considering the franchisor's right to inspect and evaluate facilities (Item 8)?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
er law or equity and we may pursue any rights and/or remedies available.
- E. Our Right to Discontinue Services to You. If you are in breach of any obligation under this Agreement, or any agreement with any of our affiliates, and we or our affiliates deliver to you a notice of default, we and our affiliates have the right to suspend performance
of any of our or their obligations to you under any agreement with you, including, without limitation, the sale or supply of any services, products or ingredients for which we or our affiliates are an approved supplier to you and/or suspension of your listing or webpage on our Website, until such time as you correct the breach.
- F. Additional Remedies. In addition to, or in lieu of, termination of this Agreement, in its sole discretion, Amorino may require the Store be closed during any cure period relating to a default based on public health and safety concerns.
- G. Termination by Franchisee. Without Franchisor's written consent, Franchisee may not terminate this Agreement prior to the expiration of the term, except through legal process resulting from Franchisor's breach of this Agreement which breach results in a material adverse effect on Franchisee, and only under the following conditions: If (i) Franchisee is not currently in material breach of this Agreement or any other agreement between Franchisor and Franchisee and (ii) Franchisor materially breaches this Agreement and fails to cure such breach within one hundred and twenty (120) days (or such other reasonable time if additional time is required to cure such breach) after written notice of such breach, specifically enumerating all alleged deficiencies, is delivered to Franchisor by Franchisee, Franchisee may terminate this Agreement. Such termination shall be effective thirty (30) days after delivery to Franchisor of notice that such material breach has not been cured and Franchisee elects to terminate this Agreement.
17. POST TERMINATION OBLIGATIONS
- A. Post-Termination Obligations of Franchisee. Upon termination or expiration of this Agreement:
- (1) You shall take all necessary steps to ensure there can be no possible confusion between your former activity as an Amorino franchisee and your new activity, including the specific steps set forth in this Section 17.A.
- (2) You shall immediately cease to operate the Store, and shall not thereafter, directly or indirectly, represent or hold yourself out to the public in any manner as a present franchisee.
- (3) You shall immediately cease to use all signs, equipment, advertising materials, stationery, furnishings, artwork, forms and other items which a) contain or display the Proprietary Marks or similar marks, b) display any representation of an angel or cupid including in any sign, statute or base relief;
What This Means (2025 FDD)
Based on the 2025 Amorino Franchise Disclosure Document, if a franchisee breaches any obligation under the Franchise Agreement or any agreement with Amorino's affiliates, Amorino and its affiliates have the right to deliver a notice of default and subsequently suspend their obligations to the franchisee. This includes suspending the sale or supply of any services, products, or ingredients for which Amorino or its affiliates are an approved supplier, and/or suspending the franchisee's listing or webpage on Amorino's website. This suspension remains in effect until the franchisee corrects the breach.
Additionally, Amorino retains the right to enter the store premises during regular business hours to conduct quality assurance inspections, which may be announced or unannounced. During these inspections, Amorino may evaluate personnel, products, and services to ensure compliance with the franchise agreement and maintain the quality of the franchise system. As part of these evaluations, Amorino can obtain samples of ingredients, products, and supplies without charge for quality assurance testing.
Furthermore, Amorino may modify the system, including products and services, operating procedures, and menu items, and franchisees are obligated to comply with these modifications at their own expense. This includes requirements to implement modifications such as equipment replacement or renovation. Amorino will provide written notice of such modifications, and franchisees must implement them within the specified timeframe. Failure to maintain the store in excellent repair and in accordance with Amorino's standards can also lead to further action.
In addition to or instead of terminating the agreement, Amorino may require the store to be closed during any cure period relating to a default based on public health and safety concerns, at its sole discretion. Failure to comply with the terms and conditions of the agreement can result in termination of the franchise agreement. In the event of termination or non-renewal, the franchisee must immediately cease operating the store, discontinue the use of the franchise system and proprietary marks, and take steps to de-identify the premises from any association with Amorino.