Can I sign the Lease for an Amorino franchise before Amorino reviews and approves it?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- (1) If you will occupy the Franchised Location under a lease (the "Lease"), regardless of whether or not the landlord is a related party or a third-party landlord, Amorino shall have the right to approve the Lease terms, and the Lease may not be signed by you until it has been reviewed and approved by Amorino.
You acknowledge and agree that Amorino's approval of a Lease does not mean that the economic terms of the Lease are favorable; it means only that the Lease contains the Lease terms that Amorino requires.
(2) The Lease must contain certain provisions that we reasonably require, including the following terms:
a.
The premises shall be used only as an Amorino franchise, and for no other purpose whatsoever.
- b.
The landlord must consent to your use of the Proprietary Marks, signs, interior and exterior decor, furnishings, fixtures, items, color schemes, plans, specifications, and related components of the System that Amorino may require.
- c.
The Lease shall permit assignment by you only in connection with a sale of the Franchised Business that is approved by us or to Amorino or its designee.
- d.
An acknowledgement by the landlord and you that Amorino shall not be a party to the Lease and will have no liability under the Lease, unless and until the Lease is assumed by Amorino.
- e.
Neither the landlord nor you shall amend or modify the Lease, or renew or extend the term of the Lease, without our prior written consent.
- f.
Amorino (or another party we designate) shall have the ability to take possession of the premises and operate the Franchised Business without having to first receive landlord's consent, in the event of your default under the Lease or this Agreement, or the expiration or termination of this Agreement.
- g.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, you are not allowed to sign a lease for your franchise location before Amorino has reviewed and approved the lease terms. Amorino retains the right to approve the lease terms, ensuring that the lease contains terms that Amorino requires. However, Amorino's approval does not guarantee favorable economic terms for the franchisee; it only confirms that the lease meets Amorino's required terms.
The lease must include specific provisions, such as that the premises can only be used as an Amorino franchise, the landlord must consent to the use of Amorino's proprietary marks and decor, and the lease can only be assigned with Amorino's approval. Additionally, the lease must acknowledge that Amorino is not a party to the lease and holds no liability unless the lease is assumed by Amorino. The franchisee and landlord cannot amend, modify, renew, or extend the lease without Amorino's prior written consent. Amorino also has the right to take possession of the premises and operate the franchise in the event of a franchisee default or termination of the franchise agreement, without needing the landlord's consent.
These requirements are typical in franchising, as they protect the brand's uniformity and ensure Amorino can maintain control over the franchise location. This protects Amorino's interests and ensures business continuity if the franchisee defaults. Prospective franchisees should carefully review the lease requirements with legal counsel to fully understand their obligations and the implications of Amorino's rights regarding the lease.