Does the Amorino franchise agreement require disputes to be submitted to mediation before arbitration?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
| Dispute u. | Section 22 of | In the event of any dispute arising out of or in connection with |
|---|---|---|
| resolution by | the Franchise | the franchise agreement or the relationship of the parties, |
| arbitration or | Agreement | including without limitation any claim related to termination or |
| mediation | expiration of the franchise agreement and any claim for damages and/or compensation related thereto, the parties agree to submit the matter to mediation under the American Arbitration Association Commercial Mediation Rules. If the mediation is not successful, any controversy, claim, cause of action or dispute arising out of, or relating to any of your stores or the franchise agreement, including, but not limited to (i) any claim by you, or any person in privity with or claiming through, on behalf of or in the right of you, concerning the entry into, performance under, or termination of, the franchise agreement or any other agreement entered into by us, or our subsidiaries or affiliates, and you, (ii) any claim against a past or present employee, officer, director or agent of us, (iii) any claim of breach of the franchise agreement, and (iv) any claims arising under state or federal laws, shall be submitted to final and binding arbitration as the sole and exclusive remedy for any such controversy or dispute. | |
| Choice | Section 22 of | Subject to applicable state law, except for our right to obtain |
| v. | ||
| of forum | the franchise | injunctive relief in any appropriate jurisdiction, any dispute |
| agreement | arising out of the franchise agreement or our relationship shall first be submitted to mediation, and if it is not resolved in mediation, then it shall be submitted to arbitration, under the rules of the American Arbitration Association, to take place in New York County, New York. | |
| Choice | Section 22.A | Subject to applicable state law, governed by Delaware law. If |
| w. | ||
| of law | of the franchise | we move our headquarters, we may choose to have the law of |
| agreement | the new state apply by giving you notice within 6 months following our move. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 55–67)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, disputes arising from the franchise agreement must first be submitted to mediation before proceeding to arbitration. Specifically, any dispute arising out of or related to the franchise agreement or the relationship between the parties will initially undergo mediation under the American Arbitration Association Commercial Mediation Rules.
If mediation is unsuccessful in resolving the dispute, the matter will then be submitted to final and binding arbitration. This arbitration serves as the sole and exclusive remedy for any controversy or dispute. This process applies to various claims, including those related to the entry into, performance under, or termination of the franchise agreement, claims against Amorino's employees, officers, directors, or agents, claims of breach of the franchise agreement, and claims arising under state or federal laws.
The location for arbitration and mediation is New York County, New York, and the agreement is governed by Delaware law. However, Amorino retains the right to seek injunctive relief in any appropriate jurisdiction, which is an exception to the mediation and arbitration requirement. If Amorino moves its headquarters, it may change the governing law by providing notice within 6 months of the move.