What must a former Amorino franchisee do with the Manual and Confidential Information after termination?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. Return of Confidential Information. Upon request, and upon termination of this Agreement, you shall return to Amorino all documents, materials and records containing or referring to the Confidential Information, including all copies, summaries, extracts and notes derived from the Confidential Information.
- D. Enforcement. You agree that Amorino may bring an action in court to prevent the disclosure or threatened disclosure of Confidential Information by you, your employees, agents, contractors or any other person that has or may receive Confidential Information in violation of this Agreement and that such action may include temporary and permanent restraints to prevent disclosure or use or for the return of such Confidential Information to Amorino and that Amorino shall be entitled to an award against you of attorneys' fees and costs incurred in such enforcement action.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, upon termination of the Franchise Agreement, a franchisee must return all documents, materials, and records containing or referring to Confidential Information to Amorino. This includes all copies, summaries, extracts, and notes derived from the Confidential Information. This obligation to maintain confidentiality survives the termination or expiration of the agreement for as long as the law permits.
The term "Confidential Information" includes trade secrets, know-how, elements of the Amorino system, customer information, and all information contained in the Manual. It also encompasses Amorino's proprietary recipes, standards, specifications for product preparation, packaging, and service, financial information, marketing plans, strategies, data, vendor and supplier information, and any knowledge or trade secrets concerning the operation methods of the franchised business.
Amorino reserves the right to take legal action to prevent the disclosure of Confidential Information by the franchisee, their employees, agents, contractors, or any other person who may have received Confidential Information in violation of the agreement. Such legal action may include temporary and permanent restraints to prevent disclosure or use, or to ensure the return of the Confidential Information to Amorino. In such cases, Amorino is entitled to an award of attorneys' fees and costs incurred in the enforcement action.
This clause is crucial for protecting Amorino's competitive advantage and proprietary information. Prospective franchisees should understand the breadth of the definition of "Confidential Information" and the serious consequences of its unauthorized disclosure, even after the franchise agreement has ended.