Under the Amorino agreement, must I obtain approval or consent in writing?
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.
- (2) No waiver or modification of this Agreement or of any covenant, condition, or limitation contained in this Agreement shall be valid unless the same is made in writing and duly executed by the party to be charged therewith, nor shall any evidence of any waiver or modification be offered or received in evidence in any proceeding, mediation, arbitration, or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing, duly executed as aforesaid.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to the 2025 Amorino Franchise Disclosure Document, written approval or consent from Amorino is generally required whenever the franchise agreement stipulates it. Specifically, Item 22 details that any time the agreement necessitates Amorino's approval or consent, the franchisee must make a timely written request in advance and receive that approval or consent in writing.
This requirement ensures that both the franchisee and Amorino have a clear record of what has been approved, consented to, or waived. It protects both parties by preventing misunderstandings or disputes over verbal agreements. This is a common practice in franchising, as it helps maintain consistency and standards across all franchise locations.
Furthermore, Amorino makes no warranty or guarantee and assumes no liability by providing any waiver, approval, consent, or suggestion to the franchisee. This means that while Amorino's approval is required, the franchisee ultimately bears the responsibility for the decisions made and the outcomes of those decisions. This clause also protects Amorino from being held liable for any issues that arise even after they have given their approval or consent.
Additionally, the franchise agreement specifies that no waiver or modification of the agreement is valid unless it is made in writing and executed by the party to be charged. This reinforces the importance of written documentation and ensures that any changes to the original agreement are formally recorded and agreed upon by both parties. This protects both the franchisee and Amorino by ensuring that all terms and conditions are clearly defined and legally binding.