Who pays the legal costs if Amorino enforces Section 18?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
arising from this Agreement, shall not constitute a defense to Amorino's enforcement of the covenants in this Section 18. You and each Principal agree to pay all costs and expenses (including reasonable attorneys' fees) incurred by Amorino in connection with the enforcement of this Section 18.
- G. Breach of Covenants Causes Irreparable Injury. You acknowledge that your violation of any covenant of this Section 18 would result in irreparable injury to Amorino for which no adequate remedy at law may be available, and you consent to the issuance of, and agree to pay all court costs and reasonable attorneys' fees incurred by Amorino in obtaining, without the posting of any bond, an ex
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the franchisee is responsible for covering Amorino's legal expenses if Amorino has to enforce Section 18 of the franchise agreement. This includes all costs and expenses, including reasonable attorneys' fees, that Amorino incurs to ensure compliance with this section. Section 18 likely contains covenants related to confidentiality and non-competition.
Furthermore, if a franchisee's violation of any covenant within Section 18 causes irreparable injury to Amorino, the franchisee agrees to cover all court costs and reasonable attorneys' fees Amorino incurs to obtain injunctive or other legal relief. This applies even if Amorino seeks an ex parte order, and Amorino is not required to post a bond for such relief.
This means that a prospective Amorino franchisee should carefully review Section 18 of the franchise agreement to fully understand the obligations and restrictions it imposes. Failure to comply with these covenants could result in the franchisee being responsible for significant legal costs incurred by Amorino to enforce the agreement.