Under what circumstances can Amorino terminate the franchise agreement with immediate effect upon delivery of notice, without an opportunity to cure?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
(21) you sell or offer for sale gelato, sorbet, gelato macarons, or restricted dry goods (such as Amorino branded cones) which you purchased or obtained from a source or supplier other than an approved supplier.
(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.;
(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 Amorino's 2025 Franchise Disclosure Document, Amorino can terminate the franchise agreement with immediate effect upon delivery of notice, without an opportunity to cure, under several circumstances. These include if the franchisee sells gelato, sorbet, gelato macarons, or restricted dry goods (like Amorino branded cones) from unapproved suppliers. Additionally, if an approval required to operate the franchised business is revoked, terminated, or otherwise lost and not reinstated within a reasonable time, Amorino can immediately terminate the agreement.
Further, immediate termination is possible if the franchisee, any principal, or manager is convicted of or pleads guilty to a felony, a crime involving moral turpitude, or any other crime that Amorino believes could adversely affect the franchised business, system, proprietary marks, or Amorino's reputation. Immediate termination can also occur if there is any transfer or attempted transfer of the franchise in violation of Section 15 of the agreement, or if the franchisee or any of their principals or affiliates challenge Amorino's right to use the system, proprietary marks, or copyrighted materials.
Moreover, Amorino can immediately terminate the agreement if the franchisee or any principal fails to comply with the confidentiality or noncompete covenants in the agreement, or if they provide false or misleading information in connection with the franchise application or at any time during the term of the agreement. Knowingly maintaining false books or records or failing to make any payment when due to Amorino, its affiliates, or approved suppliers are also grounds for immediate termination. Finally, Amorino can terminate immediately if there are three or more breaches of a similar nature of any terms and conditions of the agreement within a twelve-month period, even if those breaches were previously cured.