Does the Amorino Franchise Agreement amendment allow a franchisee to disclaim reliance on statements made by the franchisor or their representatives?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Sections 19(B)(6), (7), (8) & (9), and Section 23(A) of the Franchise Agreement are deleted and replaced with the following:
- "No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise."
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the amendment to the franchise agreement explicitly prevents franchisees from disclaiming reliance on statements made by Amorino or its representatives. This means that any statement, questionnaire, or acknowledgment signed by a franchisee cannot waive claims related to state franchise law or disclaim reliance on statements made by the franchisor, franchise seller, or anyone acting on behalf of Amorino. This protection extends to claims of fraud in the inducement. This provision takes precedence over any conflicting terms in other documents related to the franchise agreement.
This amendment is highly favorable for prospective Amorino franchisees. It ensures that franchisees cannot inadvertently waive their rights to pursue legal claims based on misrepresentations or fraudulent statements made during the franchise sales process. This protection is particularly important because the franchise agreement often contains clauses that could be interpreted as limiting the franchisee's ability to rely on pre-contractual statements.
By including this amendment, Amorino is reinforcing its commitment to transparency and fair dealing with its franchisees. It reduces the risk that franchisees will be bound by disclaimers that could prevent them from seeking legal recourse if they were misled during the franchise sales process. This type of provision is not universally included in franchise agreements, so it represents a significant benefit for individuals considering an Amorino franchise. Franchisees should still conduct thorough due diligence and seek legal advice before signing any franchise agreement.