Does the Amorino franchise agreement specify that mediation must occur before arbitration for Amorino disputes?
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. |
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, the franchise agreement mandates mediation before arbitration in the event of disputes. Specifically, any dispute arising from the franchise agreement or the relationship between the parties must first be submitted to mediation under the American Arbitration Association Commercial Mediation Rules.
If mediation is unsuccessful, the dispute will then proceed to final and binding arbitration. This arbitration serves as the sole and exclusive remedy for controversies or disputes related to the franchise, including claims regarding the agreement's entry, performance, or termination. It also encompasses claims against Amorino's employees, officers, directors, or agents, as well as claims of breach of contract and those arising under state or federal laws.
Furthermore, Amorino's FDD specifies that, subject to applicable state law, any dispute arising out of the franchise agreement or the relationship between the parties must first be submitted to mediation. If mediation fails to resolve the issue, the dispute will then be submitted to arbitration under the rules of the American Arbitration Association, with the proceedings taking place in New York County, New York. This clause does not apply to Amorino's right to seek injunctive relief in any appropriate jurisdiction.