Does the Amorino release agreement specify a geographic limit to where actions can be brought?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- E. Injunctions. Nothing in this Agreement shall bar Amorino's right to seek injunctive relief against conduct or threatened conduct prohibited by this Agreement, from any court of competent jurisdiction; and you agree to pay all costs and reasonable attorneys' fees incurred by Amorino in obtaining such relief.
- F. WAIVER OF JURY TRIAL. WE AND YOU IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY EITHER OF THEM AGAINST THE OTHER, WHETHER OR NOT THERE ARE OTHER PARTIES IN SUCH ACTION OR PROCEEDING.
- G. WAIVER OF PUNITIVE DAMAGES. WE AND YOU HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO OR CLAIM OF ANY PUNITIVE OR EXEMPLARY DAMAGES AGAINST THE OTHER AND AGREE THAT IN THE EVENT OF A DISPUTE BETWEEN THEM EACH SHALL BE LIMITED TO THE RECOVERY OF ANY ACTUAL DAMAGES SUSTAINED BY IT.
- H. ACKNOWLEDGMENT OF BUSINESS ENTITY. YOU ACKNOWLEDGE THAT YOU MAY SEEK DAMAGES OR ANY REMEDY UNDER LAW OR EQUITY ONLY AGAINST OUR BUSINESS ENTITY. OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, SHAREHOLDERS, INDEPENDENT CONTRACTORS AND EMPLOYEES WILL NOT BE LIABLE AND MAY NOT BE NAMED AS A PARTY AND SHALL NOT BE LIABLE IN ANY PROCEEDING COMMENCED BY YOU IF YOUR CLAIM ARISES OUT OF OR RELATES TO THIS AGREEMENT.
- I. Attorneys' Fees. Should either party commence any action or proceeding for the purpose of enforcing, or preventing the breach of, any provision hereof, whether by arbitration, judicial or quasi-judicial action or otherwise, or for damages for any alleged breach of any provision hereof, or for a declaration of such party's rights or obligations hereunder, the prevailing party in any such action shall have the right to recover from the other party or parties its reasonable attorneys' fees, court costs and expenses of litigation.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
The 2025 Amorino Franchise Disclosure Document does not specify a geographic limit in the release agreement that would restrict where actions can be brought. However, the document does state that nothing bars Amorino from seeking injunctive relief against prohibited conduct from any court of competent jurisdiction.
Item 22 outlines several conditions related to legal actions and agreements. Amorino and the franchisee waive a jury trial for any action. Both parties also waive the right to punitive damages, limiting recovery to actual damages sustained. The franchisee can only seek damages from Amorino's business entity, not its affiliates, officers, or employees.
Furthermore, the FDD states that if either party commences an action to enforce the agreement, the prevailing party has the right to recover reasonable attorneys' fees, court costs, and expenses of litigation. The franchisee must also sign a general release of claims against Amorino and related parties, as a condition of certain agreements.