In what context can an Amorino franchisee use the Proprietary Marks?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
the receipt and sufficiency of which are acknowledged, the parties agree as follows:
1. GRANT
A. Grant.
- (1) Subject to the terms and conditions contained in this Agreement, Amorino grants to you the right to use the System, the Proprietary Marks and the Copyrighted Materials solely in connection with the operation of the Franchised Business, and you accept this right and agree to undertake the obligation to use the System, the Proprietary Marks and the Copyrighted Materials solely in connection with the operation of the Franchised Business.
- (2) The franchise granted to you under this Agreement includes only the right (a) to use the System, the Proprietary Marks and the Copyrighted Materials in connection with the retail sale of authorized products at the Store location to be identified as the "Franchised Location" in a written addendum to this Agreement substantially in the form of addendum attached as Attachment A (the "Form of Addendum"); and (b) to use the Proprietary Marks and the Copyrighted Materials to operate, advertise and promote the Store in accordance with the terms set by us. The location identified in such addendum as the "Franchised Location" shall be the "Franchised Location" for all purposes under this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, a franchisee's right to use the Proprietary Marks is explicitly tied to the operation of the Franchised Business. Amorino grants the franchisee the right to use its System, Proprietary Marks, and Copyrighted Materials, but this is solely for the purpose of operating the Franchised Business. This includes the retail sale of authorized products at the designated store location. The franchisee also has the right to use the Proprietary Marks and Copyrighted Materials to operate, advertise, and promote the store, but only in accordance with the terms set by Amorino.
This agreement strictly limits the scope of usage. The franchisee cannot sublicense the use of the System, Proprietary Marks, or Copyrighted Materials. They are also prohibited from co-branding with another franchise or concept without explicit permission. Furthermore, franchisees need prior written consent from Amorino to provide off-site or on-site catering services, deliver or ship Proprietary Products, or distribute Amorino products through wholesale channels.
These stipulations ensure that the Amorino brand maintains control over its image and distribution channels. For a prospective franchisee, this means understanding that the license to use the Amorino brand is narrowly defined. Any deviation from the prescribed usage requires prior approval, and unauthorized use could lead to a breach of the franchise agreement. This also highlights the importance of adhering to Amorino's standards and guidelines in all aspects of the business, from product sales to marketing activities.