Is Amorino obligated to protect any or all rights that a franchisee has to use the Proprietary Marks?

According to Amorino's 2025 Franchise Disclosure Document, Amorino is not obligated to protect any or all rights that a franchisee has to use its Proprietary Marks. The franchise agreement does not require Amorino to take action to protect a franchisee against claims of infringements or unfair competition arising out of the franchisee's use of the Proprietary Marks.

However, the FDD states that franchisees must notify Amorino of any infringement or challenges to their use of any Proprietary Mark. Amorino retains sole discretion to take whatever action it deems appropriate to protect the Proprietary Marks and has the right to control any related litigation or administrative proceedings. Amorino will defend and indemnify franchisees against claims arising from their authorized use of the Proprietary Marks.

While Amorino is not obligated to protect a franchisee's right to use the Proprietary Marks, a franchisee is required to notify Amorino of the use of, or claims of rights to, a trademark identical or confusingly similar to any of the Proprietary Marks licensed to them. If Amorino decides that a franchisee should modify or discontinue their use of any Proprietary Mark, the franchisee must comply with this decision.