Does the Amorino franchise agreement require the assignee to be capable of performing Amorino's obligations?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
the terms of the sale will not materially and adversely affect the post transfer viability of the Franchised Business.
- (4) The transferee must demonstrate to our satisfaction that the transferee meets our educational, managerial and business standards; possesses a good moral character, business reputation and credit rating; has the aptitude and ability to conduct the Franchised Business; has adequate financial resources and capital to operate the Store; resides or is based near the Store, and otherwise satisfies our then current criteria for the selection of franchisees.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to the 2025 Amorino FDD, if an Area Developer seeks to assign their franchise agreement, the transferee must demonstrate to Amorino's satisfaction that they meet certain standards. Specifically, the transferee must meet Amorino's educational, managerial, and business standards. They must also possess a good moral character, business reputation, and credit rating, as well as the aptitude and ability to conduct the Franchised Business.
Furthermore, the transferee needs to have adequate financial resources and capital to operate the store and reside or be based near the store. The transferee must also satisfy Amorino's then-current criteria for selecting franchisees. These requirements ensure that any potential assignee is capable of fulfilling the obligations and maintaining the standards of an Amorino franchise.
In addition to demonstrating the capabilities mentioned above, the transferee is required to execute Amorino's current form of franchise agreement, which may have terms that differ significantly from the original agreement, including variations in royalty fees and advertising obligations. The transferee must also complete Amorino's then-current initial training program to Amorino's satisfaction. These stipulations further emphasize Amorino's focus on ensuring the assignee's ability to meet the brand's operational and financial expectations.