Does the Amorino FDD specify if Item 17(s) is amended?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- Item 17(s) is amended to add the following:
"No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise."
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, Item 17(s) is amended. The amendment adds a statement clarifying that no agreement signed by the franchisee at the start of the franchise relationship can waive claims under state franchise law, including claims of fraud, or disclaim reliance on statements made by Amorino or its representatives. This amendment supersedes any conflicting terms in any document related to the franchise agreement.
This amendment provides additional protection to Amorino franchisees by ensuring they retain their rights under state franchise laws, even if they have signed agreements that might suggest otherwise. This is particularly important in cases where franchisees might allege fraud or misrepresentation on the part of the franchisor during the initial stages of the franchise relationship.
Such amendments are not uncommon in franchise agreements, as they aim to clarify the rights and obligations of both the franchisor and franchisee, and to ensure compliance with applicable laws. This specific amendment appears to reinforce the franchisee's legal rights and protect them from inadvertently waiving those rights through standard contractual language.
Prospective Amorino franchisees should carefully review this amendment and understand its implications, particularly in relation to their rights under state franchise laws. It is advisable to consult with a legal professional to fully understand the scope and impact of this amendment on their franchise agreement.