Does the Amorino franchise agreement authorize the franchisee to transact business in Amorino's name?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- (2) Nothing in this Agreement authorizes you to make any contract, agreement, warranty, representation or promises on our behalf, to transact business in our name or in any manner make any promises or representations on behalf of the other party, or incur any debts or obligations on behalf of us or our Affiliates, or to otherwise bind us or our Affiliates. We shall in no event assume liability for, or be deemed liable as a result of any act or omission by you in your conduct of the Store.
- (3) You shall represent yourself to the public as an independent contractor operating the Store pursuant to a franchise from us. You shall conspicuously identify yourself and the Franchised Business in all dealings with your customers, contractors, suppliers, public officials, and others, as an independent franchisee of Amorino, and shall place notice of that fact in the form that we provide, in a conspicuous place in the Store as determined by Amorino and you.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to the 2025 Amorino FDD, the franchise agreement does not authorize franchisees to transact business in Amorino's name. The agreement explicitly states that franchisees cannot make any agreements or representations on behalf of Amorino, nor can they incur debts or obligations for Amorino or its affiliates.
This stipulation reinforces the independent contractor status of the franchisee. Amorino franchisees are required to represent themselves as independent operators. This means that in all interactions with customers, suppliers, and public officials, the franchisee must clearly identify themselves as an independent franchisee of Amorino.
This separation is further emphasized by the requirement to display a notice, provided by Amorino, in a conspicuous location within the store, indicating the franchisee's independent status. This protects Amorino from liabilities incurred by the franchisee and ensures clarity in business dealings.