Does the Amorino Franchise Agreement require franchisees to maintain the absolute confidentiality of information?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
using the subject matter covered by any patent or copyright. The Franchise Agreement provides that you acknowledge that your entire knowledge of the operation of the business, including the specifications, standards and operating procedures for the Stores, is derived from information we disclose to you and that all this information is confidential and our trade secret. You agree in the Franchise Agreement to maintain the absolute confidentiality of all information that we deem to be our confidential information (including, without limitation, trade secrets, know-how and elements of the franchise system, and all information contained in the Manual) that you receive from us or learn as a franchisee during and after the term of the franchise.
ITEM 15 OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS
One of your individual owners must directly supervise the Store on-site. If the franchisee is an individual, general partnership, limited liability company, or corporation, such supervisor should be the individual franchisee or the individual member, partner, or stockholder who owns a controlling interest in the franchisee. If the franchisee is a business entity, the on-premises supervisor must have more than a fifty percent equity interest in the franchisee's business.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 52–54)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the Franchise Agreement stipulates that franchisees must maintain the absolute confidentiality of information. Amorino considers the franchisee's knowledge of the business operations, including specifications, standards, and operating procedures for the stores, to be derived from confidential information and trade secrets disclosed by Amorino.
This means that as a prospective Amorino franchisee, you will be legally obligated to protect all information that Amorino deems confidential. This includes, but is not limited to, trade secrets, know-how, elements of the franchise system, and all information contained in the Manual. This obligation extends both during the term of the franchise agreement and even after its termination.
Furthermore, any new concept, process, or improvement developed by the franchisee, their employees, or principals in the operation or promotion of the store must be promptly disclosed to Amorino. These innovations become Amorino's sole property, including all related patents, patent applications, and other intellectual property rights, without any compensation to the franchisee. Amorino also requires each individual who attends the initial training program, including the supervisor and manager, to sign a confidentiality and noncompete agreement.