What is the 'Protected Area' for an Amorino franchise?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
s, site plans and blueprints for the location we approve.
Once we approve your location, you will have the exclusive right to operate the Store at such location in a territory to be identified as the "Protected Area".
The Protected Area is exclusive in that, during the term of the franchise agreement, we will not own or operate, or license or grant anyone else the right to own or operate, an Amorino store, kiosk outlet, mobile outlet or other retail outlet under the Proprietary Marks within the Protected Area.
If you operate the Store in an enclosed shopping mall, your Protected Area will be the exterior boundaries of such mall.
Otherwise, your Protected Area will be described in terms of a radius surrounding the Store, which will vary depending on the type of location (such as whether your Store is located in an urban or suburban environment).
We will determine the size of the Protected Area for each franchise on a case by case basis, but in no event will the minimum Protected Area for a non-mall location be less than four blocks radius in an urban location and one-half mile radius in a non-urban location.
You may not locate or relocate your Store outside of your Protected Area, and once the site for your Store has been identified and approved, you will not be permitted to locate or relocate your Store anywhere else without our prior written approval. These limitations apply to all types of Stores, including the Mobile outlets.
Amorino Unit Franchise Disclosure Document –April 24, 2025 Page 47 of 80
Provided that you are in material compliance with this Agreement and any other agreements with Amorino or its Affiliates, we will not unreasonably condition or delay our consent to your request to relocate your Store in the event that your lease expires or terminates through no fault of your own or the premises is destroyed or damaged by fire, flood or other force majeure event, provided that none of the foregoing events results from your negligence or misconduct. You must comply with the same requirements to select, lease, construct, design and open a new location that you did in connection with the initial location: provided, however, that the Store must be open for business at the new location within 180 days of closing at the previous location. You are solely responsible for all relocation costs and expenses.
Under the franchise agreement, we do not grant to you any options or rights of first refusal to acquire additional franchises or territories.
Source: Item 12 — TERRITORY (FDD pages 47–50)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the 'Protected Area' grants the franchisee the exclusive right to operate an Amorino store at an approved location. During the franchise agreement term, Amorino will not operate or license others to operate an Amorino store, kiosk, mobile outlet, or other retail outlet under its trademarks within this Protected Area.
For stores located in enclosed shopping malls, the Protected Area is defined as the exterior boundaries of the mall. For other locations, the Protected Area is described as a radius surrounding the store, with the size varying based on whether the location is urban or suburban. The minimum Protected Area for a non-mall location is four blocks radius in an urban setting and one-half mile radius in a non-urban setting.
Amorino determines the size of the Protected Area on a case-by-case basis. The franchisee cannot locate or relocate their store outside of their Protected Area without prior written approval from Amorino. However, Amorino will not unreasonably condition or delay consent to relocate if the lease expires, terminates without franchisee fault, or the premises is damaged by events like fire or flood, provided such events are not due to the franchisee's negligence or misconduct.
It's important to note that Amorino does not grant franchisees options or rights of first refusal to acquire additional franchises or territories under the franchise agreement. However, Amorino may, at its discretion, offer franchisees the option to acquire additional franchises outside their Protected Area or open new stores within it, but will not allow any additional franchise that infringes upon another franchisee's territory or Protected Area.