Is Amorino a party to the lease between the franchisee and the landlord?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
Amorino does not intend to own the premises and lease it to you; rather, Amorino requires you to lease the premises from a landlord unrelated to Amorino or to purchase the premises. Amorino will not be a party to the lease and will have no liability under the lease, unless and until the lease is assumed by Amorino. (Franchise Agreement, Section 4.B(2)) You must submit the lease to us for our approval before it is signed and it must contain the following provisions:
- The premises shall be used only as an Amorino franchise, and for no other purpose whatsoever.
- 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 that Amorino may require.
- The lease shall permit assignment by you only in connection with a sale of the Store that is approved by us or to Amorino or its designee.
- Neither the landlord nor you shall amend or modify the lease, or renew or extend the term of the lease, without our prior written consent.
- Amorino Unit Franchise Disclosure Document –April 24, 2025 Page 39 of 80 • Amorino (or another party we designate) shall have the ability to take possession of the
- premises and operate the Store in the event of your default under the lease or this Agreement, or the expiration or termination of this Agreement.
- Amorino shall have the right to enter the premises (announced or unannounced) to perform quality assurance inspections, to make any modifications we deem necessary to protect the franchise system and the Proprietary Marks, to cure any default under this Agreement or the lease, and to ensure compliance with any other obligations you have under this Agreement.
- The landlord must agree to furnish Amorino with copies of any notice sent to you pertaining to the lease or the premises at the same time that such notice is given to you. If such notice is a notice of default, Amorino must have a reasonable time period to cure the default and assume the lease in its name or in the name of its designee.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 39–46)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, Amorino does not intend to be a party to the lease agreement between the franchisee and the landlord. The franchisee is required to lease the premises from a landlord unrelated to Amorino or purchase the premises outright. Amorino explicitly states that it will not be a party to the lease and will have no liability under the lease unless and until Amorino assumes the lease.
However, Amorino maintains significant control over the lease terms. The franchisee must submit the lease to Amorino for approval before signing. The lease must include specific provisions that Amorino dictates. These provisions ensure that the premises are used only as an Amorino franchise, that the landlord consents to the use of Amorino's proprietary marks and decor, and that Amorino has the right to take possession of the premises and operate the store in the event of the franchisee's default or termination of the franchise agreement.
Furthermore, the landlord must agree to provide Amorino with copies of any notices sent to the franchisee regarding the lease, including default notices, giving Amorino the opportunity to cure the default and assume the lease. The franchisee cannot amend, modify, renew, or extend the lease without Amorino's prior written consent. This level of control ensures that Amorino can protect its brand and system standards, even though it is not initially a party to the lease. Prospective franchisees should carefully review these lease requirements and understand the implications of Amorino's rights regarding the lease agreement.