edge_case

What happens if an involuntary bankruptcy petition is filed against an Amorino franchisee?

Amorino Franchise · 2025 FDD

Answer from 2025 FDD Document

Accordingly, except for a transfer to a Business Entity owned by you in the manner described in Section 15.C, you may not assign or transfer this Agreement or any rights or obligations under this Agreement, whether in whole or in part, voluntarily or involuntarily, by operation of law (including as a result of bankruptcy, divorce, death or disability).

Source: Item 22 — CONTRACTS (FDD pages 80–81)

What This Means (2025 FDD)

According to Amorino's 2025 Franchise Disclosure Document, a franchisee's rights to the franchise agreement can be terminated if an involuntary bankruptcy petition is filed against them. Amorino is entering into the agreement based on the franchisee's personal skills and qualifications. If the franchisee is a business entity, Amorino relies on the skills and qualifications of the business's principals.

Except for a transfer to a business entity owned by the franchisee, the franchisee cannot assign or transfer the agreement or any rights or obligations, whether voluntarily or involuntarily, including due to bankruptcy. This means that if a franchisee faces bankruptcy, Amorino can terminate the franchise agreement, preventing the franchisee from continuing to operate under the Amorino brand unless the transfer is to a business entity already owned by the franchisee.

This provision protects Amorino by ensuring that the franchise remains in the hands of someone they have approved and who meets their standards. It also means that a potential franchisee should be aware of the risks of bankruptcy and its potential impact on their franchise agreement with Amorino. The franchisee's personal financial stability is crucial, as financial distress could lead to the termination of their franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.