Are franchisees compensated for Improvements they develop for Amorino?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
Any such Improvement shall become Amorino's sole property and Amorino shall be the sole owner of all related patents, patent applications, and other intellectual property rights.
You and your Principals hereby assign to Amorino (or if a formal assignment is required you agree to execute such assignment) any rights you or your Principals may have or acquire in the Improvements, including the right to modify the Improvement, and waive and/or release all rights of restraint and moral rights therein and thereto.
You and your Principals agree to assist Amorino in obtaining and enforcing the intellectual property rights to any such Improvement in any and all countries and further agree to execute and provide Amorino with all necessary documentation for obtaining and enforcing such rights.
You and your Principals hereby irrevocably designate and appoint Amorino as agent and attorney-in-fact for you and for them to execute and file any such documentation and to do all other lawful acts to further the prosecution and issuance of patents or other intellectual property right related to any such Improvement.
In the event that the foregoing provisions of this Section are found to be invalid or otherwise unenforceable, you and your Principals hereby grant to Amorino a worldwide, perpetual, non-exclusive, fully-paid license to use and sublicense the use of the Improvement to the extent such use or sublicense would, absent this Agreement, directly or indirectly infringe on you or your Principals' rights therein.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, any improvements developed by a franchisee become the sole property of Amorino. The franchisee assigns all rights to Amorino, including the right to modify the improvement.
This means that if a franchisee creates a new method, design, or other improvement related to the Amorino system, they will not own it. Amorino will have full ownership and control over the improvement, including all intellectual property rights. The franchisee also waives any moral rights to the improvement.
The franchisee is obligated to assist Amorino in securing and enforcing intellectual property rights for the improvement in any country. This includes providing necessary documentation. Amorino is also appointed as the franchisee's agent and attorney-in-fact to execute and file documentation related to patents or other intellectual property rights.
In the event that the provisions assigning ownership to Amorino are deemed invalid, the franchisee grants Amorino a worldwide, perpetual, non-exclusive, fully-paid license to use and sublicense the improvement. This ensures that Amorino can still utilize the improvement even if the initial ownership assignment is unenforceable, and the franchisee will not receive additional compensation.