Is an Amorino franchisee permitted to locate their store outside of their Protected Area?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
ocation and one-half mile radius in a non-urban location.
You may not locate or relocate your Store outside of your Protected Area, and once the site for your Store has been identified and approved, you will not be permitted to locate or relocate your Store anywhere else without our prior written approval. These limitations apply to all types of Stores, including the Mobile outlets.
Amorino Unit Franchise Disclosure Document –April 24, 2025 Page 47 of 80
Provided that you are in material compliance with this Agreement and any other agreements with Amorino or its Affiliates, we will not unreasonably condition or delay our consent to your request to relocate your Store in the event that your lease expires or terminates through no fault of your own or the premises is destroyed or damaged by fire, flood or other force majeure event, provided that none of the foregoing events results from your negligence or misconduct. You must comply with the same requirements to select, lease, construct, design and open a new location that you did in connection with the initial location: provided, however, that the Store must be open for business at the new location within 180 days of closing at the previous location.
Source: Item 12 — TERRITORY (FDD pages 47–50)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, a franchisee is generally not permitted to locate or relocate their store outside of their Protected Area without prior written approval from Amorino. The Protected Area is the exclusive territory in which a franchisee has the right to operate their Amorino store. The size of the Protected Area varies depending on the location type, such as urban or suburban, with a minimum radius of four blocks in urban areas and one-half mile in non-urban areas.
However, Amorino may grant permission for relocation outside the Protected Area under specific circumstances. If the franchisee is in material compliance with their agreements and the lease expires or terminates through no fault of their own, or if the premises is damaged by events like fire or flood (excluding those resulting from negligence or misconduct), Amorino will not unreasonably withhold consent for relocation. In such cases, the franchisee must meet the same requirements for selecting, leasing, constructing, designing, and opening a new location as they did initially, and the new store must be operational within 180 days of closing the previous location. The franchisee is responsible for all relocation costs.
Amorino retains the right to own, operate, or license Amorino stores outside the Protected Area, regardless of their proximity. They also reserve the right to distribute products sold at Amorino stores through alternative channels of distribution, such as grocery stores or the internet, within the franchisee's Protected Territory. The franchisee is generally not allowed to sell Amorino products or services outside their Protected Area or through any means other than directly from their store location, although they may be permitted to solicit sales online with Amorino's written approval for advertising and promotional materials.