Are there any exceptions to the one-year deadline for filing arbitration claims against Amorino?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
Unless, prohibited by applicable law, and except with respect to claims for payment defaults, any claim shall be made by filing a written demand for arbitration within one (1) year from the date on which Franchisor or Franchisee knew or should have known, in the exercise of reasonable diligence, of the conduct, act or other event or occurrence first giving rise to the claim; otherwise, the right to any remedy shall be deemed forever waived and lost.
Claims by Franchisor regarding payment defaults may be made at any time within the applicable legal statute of limitations.
Claims allegedly in defense against claim for payment are barred if not made within the one-year period referred to above.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, there are exceptions to the one-year deadline for filing arbitration claims. Generally, any claim must be made within one year from the date Amorino or the franchisee knew or should have known about the event giving rise to the claim. Failure to file within this period results in a waiver of any remedy.
However, an exception exists for claims by Amorino regarding payment defaults. These claims can be made at any time within the applicable legal statute of limitations, which may extend beyond the typical one-year limit. This means Amorino has more time to pursue franchisees for unpaid amounts.
It is important to note that claims made in defense against a claim for payment are still subject to the one-year deadline. Therefore, if a franchisee intends to dispute a payment claim, they must do so within one year, even if Amorino brings the payment claim later. This could impact a franchisee's ability to defend themselves if Amorino waits longer than a year to pursue a payment.