Does an Amorino franchisee agree not to contest the franchisor's ownership of the Proprietary Marks?

According to Amorino's 2025 Franchise Disclosure Document, franchisees agree not to contest Amorino's ownership of its proprietary marks. Specifically, the Franchise Agreement stipulates that franchisees cannot directly or indirectly challenge Amorino's ownership, title, right, or interest in its Proprietary Marks, trade secrets, methods, procedures, and advertising techniques. This also extends to not contesting Amorino's exclusive right to register, use, or license others to use these Proprietary Marks, trade secrets, methods, procedures, and techniques.

This provision is standard in franchise agreements to protect the franchisor's brand identity and intellectual property. By agreeing not to contest the trademarks, franchisees acknowledge the value and importance of the brand to the franchise system. This prevents franchisees from attempting to claim ownership or rights to the brand's assets, which could undermine the entire franchise network.

For a prospective Amorino franchisee, this means they cannot legally challenge Amorino's rights to its trademarks or trade secrets. Any attempt to do so would be a breach of the Franchise Agreement and could result in legal action or termination of the franchise. Franchisees must rely on Amorino to protect and defend the trademarks, as outlined elsewhere in the FDD, and must adhere to the brand standards and guidelines provided by Amorino.