Does the landlord need to consent to the use of Proprietary Marks for an Amorino franchise?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
economic terms of the Lease are favorable; it means only that the Lease contains the Lease terms that Amorino requires.
- (2) The Lease must contain certain provisions that we reasonably require, including the following terms:
- a. The premises shall be used only as an Amorino franchise, and for no other purpose whatsoever.
- b. The landlord must consent to your use of the Proprietary Marks, signs, interior and exterior decor, furnishings, fixtures, items, color schemes, plans, specifications, and related components of the System that Amorino may require.
- c.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, if a franchisee will occupy the Franchised Location under a lease, the landlord must consent to the franchisee's use of Amorino's Proprietary Marks. This consent also extends to signs, interior and exterior decor, furnishings, fixtures, items, color schemes, plans, specifications, and related components of the Amorino system.
This requirement ensures that Amorino maintains brand consistency and control over its image at each franchise location. It protects Amorino's trademarks and ensures that the landlord is aware of and approves the branding elements that will be present at the location. This provision is included in the lease to protect Amorino's interests and maintain uniformity across all franchise locations.
For a prospective franchisee, this means that securing landlord consent for the use of Proprietary Marks is a critical step in the leasing process. The franchisee must ensure that the lease agreement includes a clause requiring this consent. Failure to obtain this consent could prevent the franchisee from operating the Amorino franchise at the desired location or lead to legal issues in the future. Amorino's approval of the lease does not mean that the economic terms of the lease are favorable, but only that the lease contains the terms that Amorino requires.
Furthermore, the lease must permit Amorino to take possession of the premises and operate the Franchised Business without needing the landlord's consent if the franchisee defaults under the lease or the franchise agreement terminates. This provision gives Amorino an added layer of protection and control over the location in case of franchisee-related issues.