Under the Amorino agreement, what is the impact of a denial of any request for any waiver?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
B. Approvals and Waivers.
- (1) Whenever this Agreement requires our approval or consent, you shall make a timely written request to us in advance, and you must obtain that approval or consent in writing. We make no warranty or guarantee on which you can rely, and assume no liability or obligation to you, by providing any waiver, approval, consent or suggestion to you in connection with this Agreement, or by reason of any neglect, delay or denial of any request for any waiver, approval or suggestion.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, Amorino makes no guarantees or assumes any liability if they deny a franchisee's request for a waiver, approval, consent, or suggestion. Specifically, Amorino provides no warranty that a franchisee can rely on and assumes no obligation to the franchisee because of any neglect, delay, or denial of any request for any waiver, approval, or suggestion.
This means that if an Amorino franchisee seeks a waiver from a specific requirement in the franchise agreement and Amorino denies that request, the franchisee cannot hold Amorino liable for any resulting damages or losses. The franchisee bears the full risk of adhering to the original terms of the agreement without the requested modification. This clause protects Amorino from potential legal claims arising from their decisions regarding waivers or approvals.
This type of clause is relatively standard in franchise agreements. It underscores the importance for a prospective Amorino franchisee to carefully review and understand all the terms and conditions of the franchise agreement before signing. Franchisees should assess their ability to comply with all requirements and consider the potential implications if a waiver or approval is needed but not granted. Seeking legal counsel to review the agreement is advisable to fully understand the risks and obligations involved.