conditional

What is the dependency between compliance with the franchise agreement and Amorino's consent to relocation?

Amorino Franchise · 2025 FDD

Answer from 2025 FDD Document

Provided that you are in material compliance with this Agreement and any other agreements with Amorino or its Affiliates, we will not unreasonably condition or delay our consent to your request to relocate your Store in the event that your lease expires or terminates through no fault of your own or the premises is destroyed or damaged by fire, flood or other force majeure event, provided that none of the foregoing events results from your negligence or misconduct. You must comply with the same requirements to select, lease, construct, design and open a new location that you did in connection with the initial location: provided, however, that the Store must be open for business at the new location within 180 days of closing at the previous location. You are solely responsible for all relocation costs and expenses.

Source: Item 12 — TERRITORY (FDD pages 47–50)

What This Means (2025 FDD)

According to Amorino's 2025 Franchise Disclosure Document, a franchisee's compliance with the franchise agreement directly impacts Amorino's consent to a store relocation. Specifically, if a franchisee is in material compliance with the franchise agreement and any other agreements with Amorino or its affiliates, Amorino will not unreasonably condition or delay consent to relocate the store under certain circumstances. These circumstances include the expiration or termination of the lease through no fault of the franchisee, or if the premises are destroyed or damaged by a force majeure event, such as fire or flood, provided that the event is not due to the franchisee's negligence or misconduct.

This conditionality means that an Amorino franchisee must maintain good standing with the company to be able to relocate their store smoothly if unforeseen circumstances arise. Failure to comply with the franchise agreement could result in delays or denial of relocation approval, potentially disrupting the franchisee's business operations. The franchisee is responsible for meeting all the requirements for selecting, leasing, constructing, designing, and opening the new location, similar to the initial location process. The new store must be open for business within 180 days of closing the previous location, and the franchisee bears all relocation costs and expenses.

This stipulation is fairly standard in franchising, as franchisors want to ensure that franchisees are responsible and committed to the brand before allowing them to make significant changes like relocating. It protects the brand's reputation and ensures that franchisees are not making decisions that could negatively impact the overall network. Prospective Amorino franchisees should understand that maintaining compliance is not only essential for the day-to-day operations of their store but also for securing the franchisor's cooperation in important matters such as relocation.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.