Under the Amorino agreement, can Amorino unilaterally make changes to the agreement, other than changes to the Manual?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
lated costs and expenses in implementing any such changes required by Amorino in your Store.
10. SYSTEM AND MANUAL
A. System Modification. Amorino may modify the System, and the products and services offered by the Franchised Business, from time to time to add, delete, or update menu
items, amend operating procedures, products and services, or make other changes as Amorino deems appropriate in its sole discretion. You agree to comply, at your expense, with all such modifications, including all requirements to implement the modifications, such as replacement or renovation of equipment, remodeling, redecoration and modifications to existing improvements, including structural changes subject to the limitation on expenditures set forth in subsection 8.J. above. Amorino shall give you written notice of any such modifications and you agree to implement such modifications and complete such implementation within such time as Amorino may reasonably specify in the notice. No such modification will alter your fundamental status and rights as a franchisee of a Store under this Agreement.
B. Manual
- (1) Amorino will grant you online access to the then-current operations knowhow manual (the "Manual"), which contains standards, methods, policies, procedures, systems, forms, and other Confidential Information (as defined below) for you to implement and comply with in the operation of the Store.
- (2) The Manual can come in different forms and shapes such as, but not limited to, a paper binder, a tablet application (ex. Padlet), on-line website (AmorinoNow).
- (3) The franchisee is granted access to the manual for the duration of the agreement and remains the franchisor's exclusive property. The franchisee undertakes to respect the confidential nature of this manual. Amorino shall have the absolute right to make additions, deletions, modifications and updates to the Manual from time to time. The term "Manual" shall include the Manual as modified and amended in accordance with this Agreement.
- (4) You shall operate the Store in strict adherence to all of the provisions of the Manual as then in effect.
11.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to the 2025 Amorino FDD, Amorino has the right to modify the System, including products, services, and operating procedures. Amorino can add, delete, or update menu items, amend operating procedures, products and services, or make other changes as Amorino deems appropriate.
As a franchisee, you must comply with these modifications at your own expense, including any requirements to implement the changes, such as equipment replacement or store renovations. Amorino will provide written notice of these modifications, and you must implement them within the timeframe specified in the notice. However, these modifications will not alter your fundamental status and rights as a franchisee.
Additionally, Amorino can modify insurance requirements, including increasing minimum policy limits, by providing written notice to the franchisee. Franchisees are prohibited from modifying the store or making changes to the System without Amorino's express prior written consent. At the franchisee's expense, they must make alterations, additions, or modifications to the store as Amorino may reasonably require, within a reasonable time period set by Amorino. This may include redecorating, repainting, or replacing furniture and fixtures. However, Amorino will not require refurbishing costing more than $20,000 more frequently than once every five years, unless it's for the store opening or to comply with changes in laws or local ordinances.