Outside of the Protected Area, is the Amorino franchise granted to a franchisee exclusive?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
morino Store, kiosk outlet, mobile outlet or other retail outlet under the Proprietary Marks within the Protected Area.
- (2) You acknowledge and agree that the franchise granted to you under this Agreement is nonexclusive outside of the Protected Area and that you may not operate in any way or sell any Proprietary Products or other Amorino Goods and Services outside the Protected Area if the area is reserved exclusively by Amorino or by another franchisee or such sale is otherwise in violation of this Agreement.
- (3) You further acknowledge that exclusivity of the Protected Area can be revoked upon the occurrence of any of the events which would give rise to our right to terminate this Agreement and your franchise as set forth in Section 16 of this Agreement.
- C. Reservation of Rights. Amorino retains and reserves to itself all other rights in and to the Proprietary Marks including the exclusive right to own and operate, and to grant others the right to own and operate, Amorino stores, kiosks and mobile outlets outside the Protected Area, regardless of their proximity to the Protected Area; and the right to distribute Proprietary Products and other Amorino Goods and Services through alternative channels of distribution such as grocery stores, supermarkets, convenience stores, specialty stores, restaurants, both within and outside the Protected Area, and via mail order, catalog sales and/or the Internet for delivery to customers, both within and outside the Protected Area.
- D.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the franchise granted to a franchisee is nonexclusive outside of the Protected Area. Amorino retains the right to operate or grant others the right to operate Amorino stores, kiosks, and mobile outlets outside the Protected Area, regardless of their proximity.
This means that while an Amorino franchisee is granted an exclusive territory known as the "Protected Area," this exclusivity does not extend beyond those boundaries. Amorino can establish or allow others to establish Amorino locations outside of a franchisee's Protected Area, even if they are nearby.
Furthermore, Amorino reserves the right to distribute its products through alternative channels, such as grocery stores, supermarkets, and the internet, both within and outside the Protected Area. This includes the right to operate businesses under different trademarks. This reservation of rights allows Amorino to expand its brand presence through various avenues without being restricted by the exclusive rights granted within the Protected Area.
For a prospective franchisee, this implies that competition from other Amorino outlets or alternative distribution channels is possible outside their Protected Area. It is important to understand the scope and limitations of the Protected Area and to consider the potential impact of other Amorino presences in the broader market.