Under what circumstances can an Amorino franchisee engage in wholesale sales?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
our employees wear his or her Amorino uniform while working for you at any location other than the Franchised Business.
D. Authorized Products and Services.
- (1) You must offer and sell all products that Amorino authorizes and provide such services that Amorino has approved. We may add, eliminate and change the authorized products and services, in our sole discretion, and you must comply with all directives we provide to you (which may require purchasing and installing additional equipment) in connection with such products and services. You may not sell any products or offer any services that we do not approve in advance. All sales must be for retail consumption only and you may not engage in wholesale sales of any kind through any channels of distribution without our prior consent. You may not sell any products through any means of distribution other than from the Store unless we expressly authorize in writing.
- (2) You shall prepare, package, and serve all menu items in accordance with Amorino's recipes, standards and procedures for preparation, presentation and service as communicated to you from time to time via the Manual or other written directives. Such standards and procedures may include adherence to recipes (including use of prescribed ingredients and prescribed measure of ingredients), use of certain packaging and other items bearing the Proprietary Marks, packaging procedures, inventory and product holding times and other standards for displaying products for sale.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, franchisees are generally restricted from engaging in wholesale sales. Specifically, all sales must be for retail consumption only. An Amorino franchisee may not engage in wholesale sales of any kind through any channels of distribution without Amorino's prior consent.
Furthermore, franchisees are prohibited from selling products through any distribution means other than from the store itself, unless Amorino expressly authorizes it in writing. This means that franchisees must primarily focus on direct retail sales to customers visiting their Amorino store.
However, in the context of Area Development Territories, Amorino retains the right to sell products through various channels, including wholesale, outside of the franchisee's territory. Amorino agrees that services and products that are consistent with the types of products and services sold by the Stores and with the manner in which the Stores are operated, will be limited to sale through the Stores except for items designed for wholesale sale to different types of outlets such as prepackaged items to be sold in supermarkets and other product categories to be sold through unaffiliated retail outlets. This indicates that while franchisees are generally restricted from wholesale, Amorino reserves the right to pursue wholesale opportunities independently, especially for items like pre-packaged goods sold in supermarkets.