What is the effect of negligence or misconduct on Amorino's consent to relocate a store?
Amorino Franchise · 2025 FDDAnswer 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, if a franchisee's need to relocate arises due to their own negligence or misconduct, Amorino's obligation to not unreasonably condition or delay consent to relocate is voided.
Specifically, Amorino will not unreasonably condition or delay consent to a franchisee's request to relocate their store if the lease expires or terminates through no fault of their own, or if the premises is destroyed or damaged by fire, flood, or other force majeure event. However, this is conditional on none of these events resulting from the franchisee's negligence or misconduct.
The franchisee is responsible for meeting the same requirements for selecting, leasing, constructing, designing, and opening the new location as they did for the initial location. The store must be open for business at the new location within 180 days of closing at the previous location, and the franchisee is solely responsible for all relocation costs and expenses. This clause underscores the importance of franchisees maintaining responsible business practices and adequate insurance coverage to protect against potential liabilities and unforeseen events.
In essence, while Amorino demonstrates a willingness to work with franchisees facing unavoidable circumstances necessitating relocation, this support is contingent upon the franchisee's adherence to standards of reasonable care and responsible conduct. Franchisees should be aware that negligence or misconduct on their part could lead to additional burdens and costs associated with relocation, as well as potentially impact the timeline for reopening.