What is the definition of 'Due Date' for payments required by the Amorino franchise agreement?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
All payments required by this Agreement shall be paid by the date we specify as the due date for such payment (the "Due Date").
If the Due Date falls on a date that is not a Business Day, then payment shall be due on the next Business Day following the Due Date.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the "Due Date" is defined as the date Amorino specifies for a required payment. If that date falls on a non-business day, the payment is due on the next business day.
Amorino will determine the amount of payments due and provide a Fee Notice to the franchisee, stating the fees due and the Due Date. If a franchisee disagrees with the amount in the Fee Notice, they have three business days to provide written notice of the disagreement with supporting evidence. Failure to provide timely notice confirms the accuracy of the Fee Notice and the obligation to pay.
On each Due Date, Amorino will transfer the undisputed fees from the franchisee's operating account. Payments not received by the Due Date will accrue interest at a rate of 18% per annum, or the maximum lawful interest rate in the store's jurisdiction, whichever is lower. In addition to interest, a nonsufficient funds charge of $50 will be applied, increasing to $100 for any subsequent nonsufficient funds charge within a 12-month period. The franchisee is also responsible for reimbursing Amorino for all expenses incurred due to nonsufficient funds.