Under what conditions can an Amorino franchisee assign their lease?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
tions, and related components that Amorino may require.
- The lease shall permit assignment by you only in connection with a sale of the Store that is approved by us or to Amorino or its designee.
- Neither the landlord nor you shall amend or modify the lease, or renew or extend the term of the lease, without our prior written consent.
- Amorino Unit Franchise Disclosure Document –April 24, 2025 Page 39 of 80 • Amorino (or another party we designate) shall have the ability to take possession of the
- premises and operate the Store in the event of your default under the lease or this Agreement, or the expiration or termination of this Agreement.
- Amorino shall have the right to enter the premises (announced or unannounced) to perform quality assurance inspections, to make any modifications we deem necessary to protect the franchise system and the Proprietary Marks, to cure any default under this Agreement or the lease, and to ensure compliance with any other obligations you have under this Agreement.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 39–46)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, a franchisee can only assign their store lease under specific conditions. The lease must permit assignment by the franchisee, but only if it is connected to a sale of the store. This sale must be approved by Amorino, or the assignment can be made to Amorino or its designee.
This stipulation ensures that Amorino maintains control over the location and operation of its franchises. By requiring approval for any sale and assignment of the lease, Amorino can vet potential new operators to ensure they meet the brand's standards and are capable of running the franchise successfully. This protects the brand's reputation and consistency across all locations.
Furthermore, the lease agreement also specifies that neither the landlord nor the franchisee can amend, modify, renew, or extend the lease term without Amorino's prior written consent. This provision reinforces Amorino's oversight regarding the lease terms and prevents franchisees from making changes that could negatively impact the franchise or the brand. Amorino also has the right to take possession of the premises and operate the store if the franchisee defaults on the lease or if the Franchise Agreement expires or terminates. This clause provides Amorino with a safety net to ensure continued operation and minimize disruption to the business.
Prospective franchisees should carefully review the lease requirements and assignment conditions with Amorino to fully understand their obligations and limitations. It is important to note that the landlord must also consent to the use of Amorino's proprietary marks and decor, and must provide Amorino with copies of any notices related to the lease, including default notices, allowing Amorino time to cure any default and assume the lease.