In the event of death or incapacitation, how long does the representative have to transfer the Amorino franchise interest?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- E.
Transfer Upon Death or Incapacitation.
Upon the death or permanent incapacity (mental or physical) of any person with a majority or controlling interest in this Agreement, in you, or in all or substantially all of the assets of the Franchised Business, the executor, administrator, or personal representative of such person shall transfer such interest to a third party approved by Amorino within six months after such death or mental incapacity.
Such transfers, including transfers by devise or inheritance, shall be subject to the same.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, in the event of the death or permanent incapacitation of a person with a majority or controlling interest in the franchise agreement, the executor, administrator, or personal representative has six months to transfer the interest. This transfer must be to a third party approved by Amorino.
This clause ensures that the Amorino franchise continues to operate even if the original franchisee is no longer able to manage the business. The six-month period provides the representative with time to find a suitable buyer and complete the necessary transfer arrangements.
It is important to note that the transfer is subject to Amorino's approval, meaning the potential buyer must meet Amorino's standards and qualifications. This requirement protects the integrity of the Amorino brand and ensures that new franchisees are capable of maintaining the quality and standards of the business. Transfers by devise or inheritance are also subject to the same conditions.