Is the selection of the Franchised Location the responsibility of Amorino or the franchisee?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
A. Site Selection.
- (1) You must identify and acquire (by ownership or by lease) a location approved by us to serve as the Franchised Location for the Store within ninety (90) days of the Effective Date ("Site Selection Date"). The Franchised Location must be within the Site Selection Area identified in the Data Sheet, meet Amorino's then-current site selection criteria, and be approved by Amorino. You acknowledge that although Amorino must approve the location, selection of the location to be the Franchised Location is your responsibility and Amorino's approval of the location that you select is not a guaranty, representation or assurance by Amorino that the Store will achieve a certain sales volume or level of profitability at such location.
- (2) For any proposed site you identify, you must supply us with a description of the location in the form we specify and any other information we may reasonably require in order to evaluate the location, including demographic characteristics, traffic patterns, parking, character of the neighborhood, information on other area businesses, and information on the Lease terms or purchase price for the proposed site. You will also advise us of any time periods within which the lessor of the proposed location requires a response, comments on and/or acceptance of the lease.
- (3) Amorino will approve or refuse to approve a proposed site within 30 days after the receipt of all information that Amorino may reasonably require in connection with its evaluation of your proposed location. Amorino's failure to provide notification within this time period shall not be considered either approval or disapproval, but rather should be considered an extension of the thirty (30) day period until a decision is communicated by Amorino. However, notwithstanding the above, we agree not to unreasonably delay our review and approval or disapproval of the proposed site and lease terms.
- (4) Upon your selection and our approval of the Franchised Location, you and
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the franchisee is responsible for identifying and acquiring a location for the store. However, the location is subject to Amorino's approval.
The franchisee must identify a location within 90 days of the Effective Date, within the Site Selection Area, and meeting Amorino's criteria. The franchisee must provide Amorino with a description of the location, including demographic information, traffic patterns, parking, neighborhood character, information on area businesses, and lease terms. Amorino has 30 days to approve or reject the proposed site after receiving all required information.
Amorino's approval does not guarantee any specific sales volume or level of profitability at the location. After Amorino approves the location selected by the franchisee, both parties will execute an addendum to document the Franchised Location.