Can the Amorino release agreement be signed in counterparts?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
leted all such items.
- (8) You shall promptly pay all sums owing to us and our Affiliates.
- (9) Except as limited by applicable law, you shall sign a general release, and cause each person who has guaranteed your obligations under this Agreement to sign, a general release in a form satisfactory to us, of any and all claims you may have against Amorino, our subsidiaries and Affiliates and our/their respective officers, directors, managers, members, shareholders, and partners in our/their corporate/company and individual capacities.
- (10) You shall comply with any covenants contained in this Agreement that survive termination or expiration of this Agreement, including the covenants set forth in Section 18.D.
- (11) You shall pay us a delay fee of $500 U.S. Dollars for each day that you continue to violate the post-termination obligations in this Section.
B. Assignment of Lease.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
Based on the 2025 Amorino Franchise Disclosure Document, it is not specified whether the release agreement can be signed in counterparts. The FDD does mention the requirement of signing a general release under certain circumstances. For instance, upon termination of the Franchise Agreement, the franchisee and anyone who guaranteed their obligations must sign a general release in a form satisfactory to Amorino. Similarly, in the event of a transfer of the franchise, the franchisee and their Principals must execute a general release in a form satisfactory to Amorino, encompassing claims against Amorino and its affiliates.
However, the FDD does not provide details on the specific format or execution method of these releases, such as whether signing in counterparts is permitted. Counterpart execution would allow different parties to sign different copies of the same document, which then together constitute a single, binding agreement. This can be particularly useful when the parties are geographically separated.
Therefore, a prospective Amorino franchisee should directly ask the franchisor whether they allow the release agreement to be signed in counterparts to accommodate logistical needs during termination or transfer scenarios. This clarification would help ensure a smoother process when such situations arise.