Does the Amorino franchise agreement allow a franchisee to disclaim reliance on statements made by the franchisor or its representatives?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- (7) Except for representations contained in Amorino's Franchise Disclosure Document provided to you in conjunction with this franchise offering, you represent that neither Amorino nor its agents or representatives have made any representations, and you have not relied on representations made by Amorino or its agents or representatives, concerning actual or potential gross revenues, expenses or profit of an Amorino Store.
- (8) You acknowledge that you have received a complete copy of Amorino's Franchise Disclosure Document at least 14 calendar days before you signed this Agreement or paid any consideration to Amorino for your franchise rights. You further acknowledge that you have read and understand fully all the items disclosed to you in the Franchise Disclosure Document and have investigated independently and with your advisors all of the risks associated with operating the Franchised Business.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the franchise agreement includes a clause where the franchisee acknowledges that they are not relying on any representations made by Amorino or its representatives, except for those contained within the Franchise Disclosure Document itself. Specifically, the franchisee represents that neither Amorino nor its agents have made any representations concerning actual or potential gross revenues, expenses, or profit of an Amorino store, and that the franchisee has not relied on any such representations.
This acknowledgement is significant because it limits Amorino's liability regarding any claims made outside of the FDD. It reinforces the importance of the FDD as the primary source of information for prospective franchisees and places the onus on the franchisee to conduct their own independent investigation.
Furthermore, the Amorino franchise agreement stipulates that the franchisee acknowledges receiving the FDD at least 14 calendar days before signing the agreement or paying any consideration. The franchisee also acknowledges that they have read and understood all items disclosed in the FDD and have independently investigated the risks associated with operating the franchised business. This further emphasizes the franchisee's responsibility to be fully informed before entering into the agreement.
This type of disclaimer is common in franchise agreements. It aims to protect the franchisor from potential lawsuits based on verbal promises or projections that are not explicitly stated in the FDD. Prospective Amorino franchisees should pay close attention to this clause and ensure they rely solely on the information provided in the FDD and their own due diligence when making their investment decision.