Under what circumstances is the obligation to mediate a dispute with Amorino waived?

According to Amorino's 2025 Franchise Disclosure Document, the obligation to mediate a dispute does not apply to non-curable defaults by the franchisee. This means that if a franchisee commits a default that cannot be remedied or fixed, Amorino is not obligated to enter into mediation before pursuing other legal avenues.

This waiver of mediation for non-curable defaults is significant for prospective Amorino franchisees. It implies that certain breaches of the franchise agreement are considered so severe that Amorino reserves the right to immediately pursue legal action without first attempting to resolve the issue through mediation.

It is important for a potential Amorino franchisee to understand what constitutes a non-curable default under the franchise agreement. This information would likely be detailed elsewhere in the FDD, possibly in the section outlining causes for termination. Knowing what actions could lead to immediate legal action without mediation is crucial for managing risk and ensuring compliance with the franchise agreement. Franchisees should seek clarification from Amorino regarding specific examples of non-curable defaults to fully understand their obligations and potential liabilities.