factual

Does the Amorino franchise agreement prevent seeking other remedies besides those in the agreement?

Amorino Franchise · 2025 FDD

Answer from 2025 FDD Document

  • D. Nonexclusivity of Remedy. No right or remedy conferred upon or reserved to us or you by this Agreement is intended to be, nor shall be deemed, exclusive of any other right or remedy in this Agreement or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy.

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 prevent either party from seeking remedies beyond those specifically outlined in the agreement itself. Amorino and the franchisee retain all rights and remedies available under law or equity, in addition to those within the franchise agreement.

This provision ensures that neither Amorino nor the franchisee is limited to the remedies specified in the agreement. Both parties can pursue any legal or equitable remedy available to them, providing a broader range of options for resolving disputes or addressing breaches of contract. This is a common practice in franchising, as it allows for flexibility in addressing unforeseen circumstances or particularly complex issues that may not be fully covered by the agreement's terms.

For a prospective Amorino franchisee, this clause offers a degree of protection and recourse beyond the contract's explicit terms. It means that if Amorino violates the agreement, the franchisee isn't limited to only the remedies listed in the document, but can also pursue other legal avenues. However, it's important to note that this also applies to Amorino, meaning the franchisee could face a wider range of potential legal actions from the franchisor as well.

The agreement also specifies that these rights and remedies are cumulative, meaning that exercising one right or remedy does not preclude the party from pursuing others. This further reinforces the non-exclusivity of remedies, ensuring that all available options remain open to both Amorino and the franchisee.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.