factual

Under what conditions can a franchisee assign the lease for an Amorino franchise?

Amorino Franchise · 2025 FDD

Answer from 2025 FDD Document

  • c.

The Lease shall permit assignment by you only in connection with a sale of the Franchised Business that is approved by us or to Amorino or its designee.

  • d.

An acknowledgement by the landlord and you that Amorino shall not be a party to the Lease and will have no liability under the Lease, unless and until the Lease is assumed by Amorino.

  • e.

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.

  • f.

Amorino (or another party we designate) shall have the ability to take possession of the premises and operate the Franchised Business without having to first receive landlord's consent, in the event of your default under the Lease or this Agreement, or the expiration or termination of this Agreement.

Source: Item 22 — CONTRACTS (FDD pages 80–81)

What This Means (2025 FDD)

According to Amorino's 2025 Franchise Disclosure Document, an Amorino franchisee can only assign the lease under specific conditions. The lease must permit assignment by the franchisee only in connection with a sale of the franchised business that is approved by Amorino or to Amorino or its designee.

This means that a franchisee cannot independently assign the lease to just anyone. The assignment is contingent upon Amorino's approval of the sale of the franchise or if the assignment is made directly to Amorino or someone Amorino designates. This provision ensures that Amorino maintains control over the location of its franchises and the parties operating them.

Furthermore, the lease must include an acknowledgement by the landlord and the franchisee that Amorino is not a party to the lease and will have no liability under the lease, unless and until Amorino assumes the lease. This protects Amorino from being held responsible for lease obligations unless it explicitly takes over the lease. Amorino also requires that neither the landlord nor the franchisee can amend, modify, renew, or extend the lease without Amorino's prior written consent, giving Amorino further oversight of the lease terms. Amorino also has the right to take possession of the premises and operate the Franchised Business without having to first receive landlord's consent, in the event of your default under the Lease or this Agreement, or the expiration or termination of this Agreement.

These conditions are typical in franchising, as they allow the franchisor to protect its brand and maintain standards across all locations. A prospective Amorino franchisee should carefully review the lease agreement and understand these restrictions before signing.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.