Does the Amorino franchise agreement allow for a transfer as a result of death?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- E.
Transfer Upon Death or Incapacitation.
Upon the death or permanent incapacity (mental or physical) of any person with a majority or controlling interest in this Agreement, in you, or in all or substantially all of the assets of the Franchised Business, the executor, administrator, or personal representative of such person shall transfer such interest to a third party approved by Amorino within six months after such death or mental incapacity.
Such transfers, including transfers by devise or inheritance, shall be subject to the same.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the franchise agreement addresses the possibility of transfer upon death or incapacitation. In the event of death or permanent incapacity of a person holding a majority or controlling interest in the agreement, the executor, administrator, or personal representative is required to transfer the interest to a third party approved by Amorino within six months.
These transfers, including those by devise or inheritance, are subject to Amorino's approval. This means that the standard transfer requirements outlined in the franchise agreement will apply.
This provision ensures that Amorino maintains control over who operates the franchise even in unforeseen circumstances such as death or incapacitation. The estate of the deceased franchisee must act quickly to find a suitable buyer and complete the transfer within the specified timeframe, or Amorino could deem the agreement to be in breach.