Under what circumstances can Amorino terminate the franchise agreement immediately?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
(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
(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.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, there are several conditions that would allow Amorino to terminate the franchise agreement immediately. Amorino can terminate the agreement with immediate effect if the franchisee sells gelato, sorbet, gelato macarons, or restricted dry goods (such as Amorino branded cones) from unapproved suppliers.
Immediate termination can also occur if any approval required to operate the franchised business is revoked or lost and not reinstated within a reasonable time. Further reasons for immediate termination include conviction of the franchisee, principal, or manager of a felony or a crime involving moral turpitude that could adversely affect the Amorino business, system, marks, or reputation. Transferring or attempting to transfer the franchise in violation of the agreement also constitutes grounds for immediate termination.
Challenging Amorino's rights to use the system or proprietary marks, failing to comply with confidentiality or non-compete covenants, providing false or misleading information, maintaining false books or records, or failing to make payments to Amorino or its affiliates can also lead to immediate termination. Additionally, three or more breaches of a similar nature of any terms and conditions of the agreement within a twelve-month period, even if cured, can result in immediate termination.
These termination clauses are typical in franchise agreements to protect the brand's reputation, maintain quality control, and ensure franchisees comply with the franchisor's standards and legal obligations. Prospective franchisees should carefully review these conditions to understand their responsibilities and the potential consequences of non-compliance.