What representation does an Amorino franchisee make regarding the power to perform the transactions contemplated by the Franchise Agreement?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- (5) You represent and warrant that the execution and delivery of this Agreement and the performance of the transactions contemplated by this Agreement are within your corporate, company or partnership power, as applicable, are permitted under your organizational and governing documents, and have been duly authorized by all necessary corporate, company or partnership action, as applicable.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, a franchisee makes specific representations and warranties regarding their power and authority to enter into and perform the obligations outlined in the Franchise Agreement. If the franchisee is a business entity, they represent and warrant to Amorino that they are duly organized, validly existing, and in good standing under the law of their state of formation. They also confirm they are qualified and authorized to conduct business in any jurisdiction where their activities or properties require such qualification.
Specifically, the business entity confirms it possesses full corporate, limited liability company, or partnership power and authority to enter into and fulfill its obligations under the Amorino Franchise Agreement. Furthermore, the execution, delivery, and performance of the agreement have been duly and validly authorized by all necessary actions. The franchisee's organizational documents must stipulate that their sole purpose is to own and operate the franchised Amorino business.
If the franchisee is a natural person, they represent and warrant that they are a legal resident of the state listed in the Data Sheet and possess the legal capacity to execute the agreement and perform their obligations. All franchisees, regardless of entity type, represent that the execution and delivery of the agreement, along with the performance of the transactions it contemplates, are within their power, permitted by their governing documents, and duly authorized by all necessary actions.