What is the name of the agreement Amorino uses for consent and release?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor has signed or intends to sign a franchise agreement with Franchisee (the "Franchise Agreement"), under which Franchisor grants to Franchisee certain rights with regard to the development and operation of an Amorino Store (all capitalized terms used but not defined herein shall have the meanings set forth in the Franchise Agreement). Before allowing Covenantor to have access to the Confidential Information (defined below), and as a material requirement necessary to protect Franchisor's proprietary rights in and Franchisee's right to use the Confidential Information, Franchisor and Franchisee require that Covenantor enter into this Agreement.
To induce Franchisor to enter into the Franchise Agreement and/or to avoid a material breach thereof, as the case may be, Franchisor, Franchisee and Covenantor desire that Covenantor enter into this Agreement. Furthermore, due to the nature of Franchisor's and Franchisee's business, any use or disclosure of the Confidential Information other than in accordance with this Agreement will cause Franchisor and Franchisee substantial harm.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to the 2025 Amorino FDD, the document that Amorino uses for consent and release is referred to as an agreement with a "Covenantor".
This agreement is put in place before a Covenantor is allowed access to confidential information related to the Amorino store. It serves as a material requirement to protect Amorino's proprietary rights and the franchisee's right to use confidential information. The agreement aims to prevent the use or disclosure of confidential information, ensuring that trade secrets are protected and not shared with third parties unless they are actively involved in the store's operation and have a valid need for the information.
This agreement is intended to induce the franchisor to enter into the Franchise Agreement or to avoid a material breach thereof. It highlights the importance of maintaining the confidentiality of the Amorino system and acknowledges that any unauthorized use or disclosure of confidential information could cause substantial harm to both the franchisor and the franchisee.