factual

What exclusive right does an Amorino franchisee have once a location is approved?

Amorino Franchise · 2025 FDD

Answer from 2025 FDD Document

s, site plans and blueprints for the location we approve.

Once we approve your location, you will have the exclusive right to operate the Store at such location in a territory to be identified as the "Protected Area".

The Protected Area is exclusive in that, during the term of the franchise agreement, we will not own or operate, or license or grant anyone else the right to own or operate, an Amorino store, kiosk outlet, mobile outlet or other retail outlet under the Proprietary Marks within the Protected Area.

If you operate the Store in an enclosed shopping mall, your Protected Area will be the exterior boundaries of such mall.

Otherwise, your Protected Area will be described in terms of a radius surrounding the Store, which will vary depending on the type of location (such as whether your Store is located in an urban or suburban environment).

We will determine the size of the Protected Area for each franchise on a case by case basis, but in no event will the minimum Protected Area for a non-mall location be less than four blocks radius in an urban location and one-half mile radius in a non-urban location.

You may not locate or relocate your Store outside of your Protected Area, and once the site for your Store has been identified and approved, you will not be permitted to locate or relocate your Store anywhere else without our prior written approval. These limitations apply to all types of Stores, including the Mobile outlets.

Source: Item 12 — TERRITORY (FDD pages 47–50)

What This Means (2025 FDD)

According to Amorino's 2025 Franchise Disclosure Document, once Amorino approves a franchisee's location, the franchisee gains the exclusive right to operate an Amorino store at that specific location within a defined "Protected Area." This means that during the term of the franchise agreement, Amorino will not operate, nor will it license others to operate, an Amorino store, kiosk, mobile outlet, or any other retail outlet under Amorino's trademarks within that Protected Area. This exclusivity provides a significant benefit to the franchisee by limiting direct competition from other Amorino-branded outlets.

The size and scope of the Protected Area vary depending on the store's location. For stores within enclosed shopping malls, the Protected Area extends to the mall's exterior boundaries. For stores outside of malls, the Protected Area is defined by a radius surrounding the store, with the radius size differing based on whether the location is in an urban or suburban environment. Amorino determines the Protected Area size on a case-by-case basis, with a minimum of four blocks radius in urban locations and one-half mile radius in non-urban locations.

However, it's important to note that Amorino retains the right to distribute products under its trademarks through alternative channels of distribution, such as grocery stores, supermarkets, and the internet, even within the franchisee's Protected Area. The franchisee is restricted from selling Amorino products or services outside of their Protected Area or through any channels other than directly from their store's location. Additionally, Amorino can revoke the exclusivity if events occur that would allow Amorino to terminate the franchise agreement. These stipulations highlight the importance of understanding the specific terms and conditions related to the Protected Area and Amorino's rights within that territory.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.