In the event of a dispute with Amorino, what steps must be taken before arbitration?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
| Dispute u. | Section 22 of | In the event of any dispute arising out of or in connection with |
|---|---|---|
| resolution by | the Franchise | the franchise agreement or the relationship of the parties, |
| arbitration or | Agreement | including without limitation any claim related to termination or |
| mediation | expiration of the franchise agreement and any claim for damages and/or compensation related thereto, the parties agree to submit the matter to mediation under the American Arbitration Association Commercial Mediation Rules. If the mediation is not successful, any controversy, claim, cause of action or dispute arising out of, or relating to any of your stores or the franchise agreement, including, but not limited to (i) any claim by you, or any person in privity with or claiming through, on behalf of or in the right of you, concerning the entry into, performance under, or termination of, the franchise agreement or any other agreement entered into by us, or our subsidiaries or affiliates, and you, (ii) any claim against a past or present employee, officer, director or agent of us, (iii) any claim of breach of the franchise agreement, and (iv) any claims arising under state or federal laws, shall be submitted to final and binding arbitration as the sole and exclusive remedy for any such controversy or dispute. | |
| Choice | Section 22 of | Subject to applicable state law, except for our right to obtain |
| v. | ||
| of forum | the franchise | injunctive relief in any appropriate jurisdiction, any dispute |
| agreement | arising out of the franchise agreement or our relationship shall first be submitted to mediation, and if it is not resolved in mediation, then it shall be submitted to arbitration, under the rules of the American Arbitration Association, to take place in New York County, New York. | |
| Choice | Section 22.A | Subject to applicable state law, governed by Delaware law. If |
| w. | ||
| of law | of the franchise | we move our headquarters, we may choose to have the law of |
| agreement | the new state apply by giving you notice within 6 months following our move. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 55–67)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, any dispute arising from the franchise agreement or the relationship between the parties must first be submitted to mediation under the American Arbitration Association Commercial Mediation Rules. This includes claims related to the termination or expiration of the franchise agreement, as well as claims for damages or compensation.
Mediation is a process where a neutral third party helps the parties reach a mutually agreeable resolution. If mediation is unsuccessful, the dispute will then be submitted to final and binding arbitration. This arbitration is the sole and exclusive remedy for any controversy or dispute related to the franchise.
This process applies to various types of claims, including those made by the franchisee or someone connected to them, claims against Amorino's employees or agents, claims of breach of the franchise agreement, and claims arising under state or federal laws. The arbitration will take place in New York County, New York, subject to applicable state law, unless Amorino moves its headquarters and chooses to apply the law of the new state, providing notice within 6 months of the move. However, Amorino retains the right to seek injunctive relief in any appropriate jurisdiction, without first going to mediation or arbitration.