What documents must an Amorino franchisee execute to protect the Proprietary Marks?

According to the 2025 Amorino FDD, in the event of litigation relating to the use of Proprietary Marks or Copyrighted Materials, the franchisee must execute any and all documents and perform any acts that Amorino deems necessary to carry out the defense or prosecution of such litigation. This includes becoming a nominal party to any legal action. Amorino will handle the defense against third-party claims arising from the franchisee's use of the Proprietary Marks and Copyrighted Materials, provided that the franchisee has used them in accordance with the franchise agreement.

Furthermore, if a Covenantor (someone with access to Amorino's confidential information) is involved, both Amorino and the franchisee require the Covenantor to enter into an agreement. This agreement is crucial for protecting Amorino's proprietary rights and the franchisee's right to use confidential information. The Covenantor acknowledges that the Amorino system involves trade secrets and agrees not to use or disclose any confidential information without prior written consent from both Amorino and the franchisee, except when necessary for the Amorino store's operation.

These measures ensure that Amorino can protect its brand and system, while also requiring franchisees and related parties to actively participate in protecting the brand's intellectual property. The franchisee's compliance in executing necessary documents and the Covenantor's adherence to confidentiality agreements are vital for maintaining the integrity and value of the Amorino brand.