Are Amorino's rights and remedies exclusive if a franchisee defaults?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
In each of the foregoing cases, we and our affiliates will have all remedies allowed hereunder and at law, including termination of your rights (and/or those of any person/company affiliated with you) and our (and/or our affiliates') obligations.
No right or remedy which we may have (including termination) is exclusive of any other right or remedy provided under law or equity and we may pursue any rights and/or remedies available.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, Amorino's rights and remedies are not exclusive if a franchisee defaults. Amorino retains the right to pursue any and all rights and/or remedies available to them under law or equity.
This means that Amorino is not limited to only one course of action when a franchisee breaches the franchise agreement. They can pursue multiple avenues for recourse simultaneously or choose the most effective remedy at their discretion. This is a common practice in franchising, as it provides the franchisor with flexibility in addressing various types of defaults.
For a prospective Amorino franchisee, this implies that a default can lead to serious and multifaceted consequences. It is crucial to understand all the terms of the franchise agreement and ensure full compliance to avoid triggering these remedies. Franchisees should seek legal counsel to fully understand their obligations and potential liabilities under the agreement.