Does the Amorino Guaranty continue if the franchise agreement is modified?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
A. System Modification. Amorino may modify the System, and the products and services offered by the Franchised Business, from time to time to add, delete, or update menu
items, amend operating procedures, products and services, or make other changes as Amorino deems appropriate in its sole discretion. You agree to comply, at your expense, with all such modifications, including all requirements to implement the modifications, such as replacement or renovation of equipment, remodeling, redecoration and modifications to existing improvements, including structural changes subject to the limitation on expenditures set forth in subsection 8.J. above. Amorino shall give you written notice of any such modifications and you agree to implement such modifications and complete such implementation within such time as Amorino may reasonably specify in the notice. No such modification will alter your fundamental status and rights as a franchisee of a Store under this Agreement.
B. Manual
- (1) Amorino will grant you online access to the then-current operations knowhow manual (the "Manual"), which contains standards, methods, policies, procedures, systems, forms, and other Confidential Information (as defined below) for you to implement and comply with in the operation of the Store.
- (2) The Manual can come in different forms and shapes such as, but not limited to, a paper binder, a tablet application (ex. Padlet), on-line website (AmorinoNow).
- (3) The franchisee is granted access to the manual for the duration of the agreement and remains the franchisor's exclusive property. The franchisee undertakes to respect the confidential nature of this manual. Amorino shall have the absolute right to make additions, deletions, modifications and updates to the Manual from time to time. The term "Manual" shall include the Manual as modified and amended in accordance with this Agreement.
- (4) You shall operate the Store in strict adherence to all of the provisions of the Manual as then in effect.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
Based on the 2025 Amorino Franchise Disclosure Document, the FDD states that Amorino may modify the System, and the products and services offered by the Franchised Business, from time to time to add, delete, or update menu items, amend operating procedures, products and services, or make other changes as Amorino deems appropriate in its sole discretion. The franchisee agrees to comply, at their expense, with all such modifications, including all requirements to implement the modifications, such as replacement or renovation of equipment, remodeling, redecoration and modifications to existing improvements, including structural changes subject to the limitation on expenditures set forth in subsection 8.J. above. Amorino will give written notice of any such modifications and the franchisee agrees to implement such modifications and complete such implementation within such time as Amorino may reasonably specify in the notice. No such modification will alter your fundamental status and rights as a franchisee of a Store under this Agreement.
In addition, the franchisee is granted access to the manual for the duration of the agreement and remains Amorino's exclusive property. Amorino shall have the absolute right to make additions, deletions, modifications and updates to the Manual from time to time. The term "Manual" shall include the Manual as modified and amended in accordance with this Agreement. The franchisee shall operate the Store in strict adherence to all of the provisions of the Manual as then in effect.
However, the FDD does not explicitly state whether the guaranty continues if the franchise agreement is modified. A prospective franchisee should seek clarification from Amorino regarding the specific terms and conditions under which the guaranty remains valid, especially in light of potential modifications to the franchise agreement or manual.