What is the earliest an Amorino franchisee can provide written notice of their intent to renew the franchise?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
a Sheet unless otherwise restricted by law, regardless of the date on which the Store opens to the public for business.
- B. Renewal Terms. You may renew your franchise rights for two additional consecutive five-year terms, provided that this Agreement has not been validly terminated for any reason prior to the expiration of the then-current term, and provided you:
- (1) give us written notice of your intent to renew the franchise at least three months (but no more than six months) prior to expiration of the initial or current renewal term;
- (2) are not in Default of this Agreement (on the date you give notice of renewal or on the date that the new term will commence) and no event has occurred and is continuing which by the giving of notice or the expiration of any cure period would constitute a Default under this Agreement, or any successor franchise agreement (as applicable) and have substantially complied with the terms and conditions of this Agreement or any successor franchise agreement (as applicable) throughout the term;
- (3) complete any training we require and complete the renovations and updates to the Store described in Section 2.C(1);
- (4) no later than 30 days prior to the expiration of the current term, sign, and have each person who has guaranteed your obligations under this Agreement sign, a general release in a form satisfactory to us, of Amorino and our subsidiaries and Affiliates and our/their respective officers, directors, managers, members, shareholders, and partners in our/their corporate and individual capacities;
- (5) no later than 30 days prior to the expiration of the current term, (a) pay a renewal fee equal to twenty five percent (25%) of our then current initial franchise fee for each five years of renewal, at the same time that you (b) sign an amendment to this Agreement to reflect any new terms of our then-current form of franchise agreement, or at our option, sign the then-current form of franchise agreement or an agreement stipulating renewal of 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 can provide written notice of their intent to renew the franchise as early as six months prior to the expiration of the current term. However, this notice must be given at least three months before the current term expires. This provides a 3-month window for the franchisee to submit their renewal notice.
To renew the franchise, the franchisee must not be in default of the agreement either when giving notice or when the new term commences. They must have also substantially complied with the terms and conditions of the agreement throughout the term. Additionally, the franchisee needs to complete any required training and store renovations or updates that Amorino deems necessary.
Furthermore, no later than 30 days before the expiration of the current term, the franchisee must sign a general release in a form satisfactory to Amorino, along with having each person who guaranteed their obligations under the agreement also sign. They must also pay a renewal fee equal to 25% of Amorino's then-current initial franchise fee for each five-year renewal term and sign an amendment to the agreement reflecting any new terms or, at Amorino's option, sign the then-current form of franchise agreement. The franchisee must also provide evidence of a valid lease for the store premises for the renewal term, ensuring Amorino retains the same rights under the lease as during the initial term.