What is the purpose of Amorino granting rights to the franchisee?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
A. Grant.
- (1) Subject to the terms and conditions contained in this Agreement, Amorino grants to you the right to use the System, the Proprietary Marks and the Copyrighted Materials solely in connection with the operation of the Franchised Business, and you accept this right and agree to undertake the obligation to use the System, the Proprietary Marks and the Copyrighted Materials solely in connection with the operation of the Franchised Business.
- (2) The franchise granted to you under this Agreement includes only the right (a) to use the System, the Proprietary Marks and the Copyrighted Materials in connection with the retail sale of authorized products at the Store location to be identified as the "Franchised Location" in a written addendum to this Agreement substantially in the form of addendum attached as Attachment A (the "Form of Addendum"); and (b) to use the Proprietary Marks and the Copyrighted Materials to operate, advertise and promote the Store in accordance with the terms set by us. The location identified in such addendum as the "Franchised Location" shall be the "Franchised Location" for all purposes under this Agreement.
- (3) We do not grant to you any right to (a) sublicense the use of the System, the Proprietary Marks or the Copyrighted Materials, (b) cobrand with another franchise or concept, (c) provide off or on-site catering services without Amorino's prior written consent, (d) deliver or ship Proprietary Products or other Amorino Goods and Services (as defined in Section 8.D below), regardless of the destination, without Amorino's prior written consent, or (e) distribute Amorino products through wholesale channels, such as supermarkets, convenience stores or other retailers, or through food service providers such as restaurants or airlines.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, Amorino grants franchisees the right to use its system, proprietary marks, and copyrighted materials to operate a franchised business. Specifically, the franchisee has the right to use these resources for the retail sale of authorized products at the designated store location, as well as to operate, advertise, and promote the store, all in accordance with Amorino's terms.
However, these rights are subject to certain limitations. The franchisee cannot sublicense the use of the system, proprietary marks, or copyrighted materials. They also cannot co-brand with another franchise, provide off-site or on-site catering services without prior written consent from Amorino, deliver or ship proprietary products, or distribute Amorino products through wholesale channels.
Furthermore, Amorino retains all other rights to the proprietary marks, including the right to operate Amorino stores outside the franchisee's protected area and to distribute products through alternative channels such as grocery stores or the internet. Amorino is also not restricted from operating other businesses under different trademarks. These stipulations ensure that while franchisees have the necessary rights to run their business, Amorino maintains control over its brand and broader distribution strategies.