Does the Amorino franchise agreement allow for a transfer as a result of divorce?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
Accordingly, except for a transfer to a Business Entity owned by you in the manner described in Section 15.C, you may not assign or transfer this Agreement or any rights or obligations under this Agreement, whether in whole or in part, voluntarily or involuntarily, by operation of law (including as a result of bankruptcy, divorce, death or disability).
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the franchise agreement does not allow for transfer as a result of divorce. Amorino emphasizes that the agreement is based on the franchisee's or their Principals' singular personal skills and qualifications.
Specifically, the agreement states that the franchisee may not assign or transfer the agreement, or any rights or obligations under it, whether voluntarily or involuntarily, by operation of law, including as a result of divorce. This restriction underscores Amorino's intent to maintain control over who operates its franchises and to ensure that only qualified individuals are running the business.
This policy has significant implications for prospective franchisees. In the event of a divorce, the franchise may not automatically be transferred to a spouse. Any transfer requires Amorino's consent, and the company may impose conditions such as requiring the transferee to meet educational, managerial, and financial standards. This could create uncertainty and potential financial strain during a divorce proceeding. Franchisees should carefully consider these restrictions and seek legal advice to understand their rights and obligations under the franchise agreement in the event of unforeseen circumstances like divorce.