What happens if an Amorino franchisee attempts to transfer the agreement without Amorino's consent?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- D.
Transfers Void.
Any purported transfer, by operation of law or otherwise, made without Amorino's prior written consent will be considered null and void and will be considered a material breach of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, any transfer of the franchise agreement made without Amorino's prior written consent is considered invalid and will constitute a material breach of the agreement. This means that if a franchisee attempts to sell, assign, or otherwise transfer their franchise to someone else without first obtaining written approval from Amorino, the transfer will not be recognized, and the franchisee will be in violation of the franchise agreement.
This requirement is in place because Amorino relies on the skills and qualifications of its franchisees. The brand wants to ensure that anyone taking over a franchise meets their standards. The FDD outlines specific conditions that must be met before a transfer is approved. These include ensuring all financial obligations to Amorino are current, compliance with all agreements, and that the proposed transferee meets Amorino's standards for education, management, business acumen, and financial resources.
For a prospective franchisee, this underscores the importance of adhering to the terms of the franchise agreement regarding transfers. Failure to obtain prior written consent from Amorino can have serious consequences, potentially leading to termination of the franchise agreement and loss of the business. It is critical to follow the outlined procedures and meet all requirements when considering a transfer to avoid breaching the agreement.