Under the Amorino agreement, what is the impact of a neglect or delay of any request for any waiver?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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 to the franchisee and assumes no liability if they provide a waiver, approval, consent, or suggestion related to the franchise agreement. This also applies if Amorino neglects, delays, or denies any request for a waiver, approval, or suggestion.
This means that an Amorino franchisee cannot hold Amorino responsible for any losses or damages resulting from actions taken (or not taken) by Amorino regarding waivers, approvals, consents, or suggestions. The franchisee bears the risk that Amorino's decisions or lack thereof may negatively impact their business, and they have no recourse against Amorino for such impacts.
This clause is common in franchise agreements, as franchisors seek to limit their liability and maintain control over their brand and system. However, it places a significant burden on the franchisee to carefully evaluate all decisions and recommendations made by Amorino, as they ultimately bear the financial risk. A prospective franchisee should seek legal counsel to fully understand the implications of this provision before signing the franchise agreement.