What representation must I make to Amorino regarding my power to execute the franchise agreement?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
urate and complete in all respects. You shall notify Amorino in writing within 10 days of any change in such information.
- (2) If you are a Business Entity, you represent and warrant to Amorino that: (a) you are duly organized, validly existing and in good standing under the law of the state of your formation; (b) you are duly qualified and authorized to do business in each jurisdiction in which your business activities or the nature of the properties you own requires such qualification; (c) you have full corporate, limited liability company or partnership (as applicable) power and authority to enter into and perform your obligations under this Agreement; (d) ) the execution, delivery and performance of this Agreement by you have been duly and validly authorized by all necessary action, and (e) your organizational and other governance documents will at all times provide that your sole purpose shall be to own and operate the Franchised Business and take such actions that are necessary in connection with such ownership and operation.
- (3) If you are a natural person, you represent and warrant to Amorino that: (a) you are a legal resident of the state set forth in the address in the Data Sheet, and (b) you have the legal capacity to execute and deliver this Agreement and perform your obligations under this Agreement.
- (4) You represent and warrant that neither you nor any of your Affiliates or Principals own, operate or have any financial or beneficial interest in any business that is the same as or similar to an Amorino Store.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the representations you must make depend on whether you are a natural person or a business entity. If you are a business entity, you must represent and warrant to Amorino that you are duly organized, validly existing, and in good standing under the law of the state of your formation. You must also be qualified and authorized to do business in each jurisdiction where your business activities require such qualification. Furthermore, you must have full power and authority to enter into and perform your obligations under the Franchise Agreement, and the execution, delivery, and performance of the Agreement must be duly and validly authorized by all necessary action. Your organizational documents must ensure that your sole purpose is to own and operate the Franchised Business.
If you are a natural person, you must represent and warrant to Amorino that you are a legal resident of the state set forth in the address in the Data Sheet and that you have the legal capacity to execute and deliver the Agreement and perform your obligations under it.
Regardless of whether you are a business entity or a natural person, you must also represent and warrant that the execution and delivery of the Agreement and the performance of the transactions contemplated by the Agreement are within your power, permitted under your organizational and governing documents, and duly authorized by all necessary action. These representations are crucial, as they assure Amorino that you have the legal standing and authority to enter into the franchise agreement, which is a standard practice in franchising to ensure the validity and enforceability of the agreement.