Under what circumstances, besides the expiration of the five-year term, can the Amorino franchise agreement be terminated early?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
(11) Any Approval required to operate the Franchised Business is revoked, terminated or otherwise lost unless the required approval is reinstated within a reasonable time.;
(12) If the term of your lease expires or if your right to possession of your Amorino premises is otherwise lost without you being at fault, we will not terminate this Agreement as long as you relocate and reopen your Amorino store within 180 days from the date on which your prior lease terminated.
The provisions of this Agreement will apply to the location, lease and design approval, equipping and other features of your relocated Amorino facility and the term of this Agreement will be extended by the amount of time between the termination of your prior lease and the opening of your relocated facility;
(13) you or any Principal or Manager is convicted of, or pleads guilty or no contest to, a felony, a crime involving moral turpitude, or any other crime or offense that Amorino believes is reasonably likely to have an adverse effect on the Franchised Business, System, Proprietary Marks, or reputation of Amorino;
(14) there is any transfer or attempted transfer in violation of Section 15;
(15) you, or any of your Principals or Affiliates, challenge our right or the right of any of our Affiliates to use, or license others to use, the System, the Proprietary Marks, the Copyrighted Materials, or any part thereof;
(16) you or any Principal fails to comply with the confidentiality or
noncompete covenants in Section of this Agreement;
(17) you or any Principal provide us with any false or misleading information or make any material misrepresentation in connection with your franchise application or at any time during the term of this Agreement;
(18) you knowingly maintain false books or records;
(19) your failure to make any payment when due to Amorino or any of its affiliates or approved suppliers;
(20) failure to comply with any other terms or conditions: three or more breaches of a similar nature of any terms and conditions of this Agreement within a twelve month period, even if cured; or
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to the 2025 Amorino Franchise Disclosure Document, the franchise agreement can be terminated early under several circumstances. These include if any required approval to operate the franchised business is revoked, terminated, or otherwise lost and not reinstated within a reasonable time. Additionally, Amorino can terminate the agreement if the franchisee, any principal, or manager is convicted of a felony, a crime involving moral turpitude, or any other crime that Amorino believes could negatively impact the business, system, marks, or reputation.
Further reasons for early termination involve violations of the agreement's terms. Specifically, the agreement can be terminated if there is any unauthorized transfer or attempted transfer of the franchise, or if the franchisee or any principal challenges Amorino's rights to use or license the system, proprietary marks, or copyrighted materials. A breach of confidentiality or noncompete covenants by the franchisee or any principal also constitutes grounds for termination. Providing false or misleading information to Amorino, or maintaining false books or records, are additional causes for early termination.
Moreover, the Amorino franchise agreement can be terminated early if the franchisee fails to make any payment when due to Amorino, its affiliates, or approved suppliers. Finally, the agreement can be terminated for repeated non-compliance with other terms and conditions, specifically three or more breaches of a similar nature within a twelve-month period, even if these breaches are cured. These provisions outline the various ways in which Amorino protects its brand and system standards, and they highlight the importance of adhering to the franchise agreement to maintain a healthy business relationship.