Does the Amorino franchise agreement allow for injunctive relief?
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. |
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, the franchise agreement does allow Amorino to seek injunctive relief. Specifically, Section 22 of the franchise agreement outlines dispute resolution procedures. It states that Amorino retains the right to obtain injunctive relief in any appropriate jurisdiction, notwithstanding the requirements for mediation and arbitration in other dispute scenarios.
This means that Amorino can pursue court orders to stop a franchisee from taking certain actions that could harm the brand or violate the franchise agreement, such as misusing trademarks or operating in violation of a non-compete agreement. This right is an exception to the standard mediation and arbitration process, allowing Amorino to seek immediate legal intervention when necessary to protect its interests.
For a prospective franchisee, this clause highlights the importance of understanding and adhering to the terms of the franchise agreement. Failure to comply with the agreement could result in Amorino seeking an injunction, which could have significant legal and financial consequences for the franchisee. It is also typical in franchising for the franchisor to reserve the right to seek injunctive relief, as it is a key tool for protecting the brand and system standards.