After termination, can a former Amorino franchisee represent themselves as a current franchisee?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- (2) You shall immediately cease to operate the Store, and shall not thereafter, directly or indirectly, represent or hold yourself out to the public in any manner as a present franchisee.
- (3) You shall immediately cease to use all signs, equipment, advertising materials, stationery, furnishings, artwork, forms and other items which a) contain or display the Proprietary Marks or similar marks, b) display any representation of an angel or cupid including in any sign, statute or base relief; c) are identified with the System, or d) distinctively identified your particular Store. Among other things, you must do the following:
- (a) With respect to the exterior of the Store, you must remove the following:
- (i) All references to the Amorino trademark;
- (ii) All representations of an angel or cupid;
- (iii) The Amorino sign, formed by metallic black text mounted on spacers and the Amorino oval;
- (a) With respect to the exterior of the Store, you must remove the following:
(iv) The overhanding shop sign formed by the Amorino oval; and
(v) The wooden frames used for displaying the Amorino posters.
(b) With respect to the interior of the Store, you must remove the following:
(i) All references to the Amorino trademark;
(ii) All representations of an angel or cupid, especially statues and other low-projection sculptures;
(iii) The furnishings and/or wooden furniture, especially made of walnut, such as the wall cladding, shelves, storage cupboards, wooden frames displaying Amorino posters and the showcase fridges;
(iv) The fake beams; and
(v) The imitation stone wall.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, a former franchisee is prohibited from representing themselves as a current franchisee after the termination or expiration of their franchise agreement.
To prevent confusion, the franchisee must take necessary steps to differentiate their new business activities from their former Amorino franchise. This includes immediately ceasing operation of the store and refraining from presenting themselves to the public as a current franchisee.
Furthermore, the franchisee must remove all signs, equipment, advertising materials, and other items that display Amorino's proprietary marks, representations of angels or cupids, or any elements that identify the business with the Amorino system. This extends to specific actions like removing Amorino trademarks and signs from both the exterior and interior of the store, as well as modifying certain elements to eliminate any association with the brand.