Does the Amorino franchise agreement prevent Amorino from seeking injunctive relief?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- E. Injunctions. Nothing in this Agreement shall bar Amorino's right to seek injunctive relief against conduct or threatened conduct prohibited by this Agreement, from any court of competent jurisdiction; and you agree to pay all costs and reasonable attorneys' fees incurred by Amorino in obtaining such relief.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to the 2025 Amorino FDD, the franchise agreement does not prevent Amorino from seeking injunctive relief. The agreement specifically states that Amorino retains the right to pursue injunctive relief against conduct that violates the agreement. Furthermore, the franchisee is responsible for covering all costs and reasonable attorney's fees incurred by Amorino in obtaining such relief. This provision ensures that Amorino can take immediate legal action to protect its brand and system from potential harm caused by a franchisee's actions.
This clause is included in the franchise agreement to protect Amorino's interests and ensure franchisees comply with the terms of the agreement. Injunctive relief is a legal remedy that can stop a party from continuing a specific action, which is crucial for protecting Amorino's brand standards, trade secrets, and overall business operations. By explicitly reserving the right to seek injunctions, Amorino can swiftly address any breaches of contract that could cause significant damage.
For a prospective franchisee, this means understanding that Amorino can and will take legal action to enforce the franchise agreement. It also highlights the importance of adhering to the agreement's terms to avoid potential legal disputes and financial liabilities, such as covering Amorino's legal costs. This aspect of the agreement is a standard practice in franchising, where franchisors need to maintain control over their brand and operational standards.