As an Amorino franchisee, am I prohibited from diverting or attempting to divert any present or prospective customer or supplier to a competitor?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
approved in writing by Amorino, you and, if applicable, such Principal, shall not, either directly or indirectly, for yourselves, or through, on behalf of, or in conjunction with any person, or legal entity:
(1) Divert or attempt to divert any present or prospective customer or supplier of the Franchised Business to any competitor, by direct or indirect inducement or otherwise, or do or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with the Proprietary Marks and the System.
(2) Employ or seek to employ any person who is or has been within the previous 30 days employed by Amorino or an Affiliate of Amorino as a salaried managerial employee, or otherwise directly or indirectly induce such person to leave his or her employment.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, as an Amorino franchisee, you are prohibited from diverting or attempting to divert any present or prospective customer or supplier of the franchised business to any competitor. This restriction is in place during the term of your franchise agreement with Amorino. This means that while you are operating an Amorino franchise, you cannot actively try to persuade customers or suppliers to switch to a competing business.
This non-solicitation clause is designed to protect the goodwill associated with Amorino's proprietary marks and the overall system. It ensures that franchisees remain committed to the success of the Amorino brand and do not use their position to benefit competitors. The FDD specifies that this includes refraining from any direct or indirect actions that could harm the brand's reputation or divert business opportunities to rival companies.
The restriction extends beyond just customers and suppliers; it also includes employees. Franchisees are prohibited from employing or attempting to employ anyone who has been employed by Amorino or its affiliates within the previous 30 days. This prevents franchisees from poaching talent and potentially gaining an unfair advantage by leveraging Amorino's internal expertise.
Furthermore, even after the franchise agreement expires or terminates, a similar restriction applies for a period of two years. During this post-term period, franchisees are still prohibited from diverting customers or suppliers, soliciting employees, or engaging in any business that competes with Amorino within specific geographic areas. These areas include the location of the former franchised business, the former protected area, or within a three-mile radius of any other Amorino store. These measures are in place to safeguard Amorino's business interests and maintain the integrity of its franchise system.