Under what conditions must an Amorino franchisee purchase new or upgraded software programs?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
You shall: (a) use the proprietary software program we require, and such system documentation manuals, and other proprietary materials that we require in connection with the operation of the Store; (b) input and maintain in your computer such data and information as Amorino prescribes in the Manual, software programs, documentation, or otherwise; and (c) purchase new or upgraded software programs, system documentation manuals, and other proprietary materials, or execute and renew licenses for existing software, at then-current prices whenever Amorino adopts such new or upgraded programs, manuals, and materials system-wide.
You shall pay the annual or monthly fees that we require for the use of such programs or systems.
You shall enter into all software license agreements, "terms of use" agreements, and software maintenance agreements, in the form and manner Amorino prescribes, and pay all fees imposed thereunder.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, franchisees are required to purchase new or upgraded software programs, system documentation manuals, and other proprietary materials, or execute and renew licenses for existing software, at then-current prices whenever Amorino adopts such new or upgraded programs, manuals, and materials system-wide. This means that if Amorino decides to implement a new software system or upgrade an existing one across all its franchise locations, the franchisee must comply and bear the associated costs.
This requirement ensures that all Amorino locations operate on the same technological platform, maintaining consistency and brand standards. It also allows Amorino to implement system-wide updates and improvements efficiently. However, it places a financial burden on the franchisee, who must be prepared to invest in new software and updates as directed by Amorino. The franchisee is also responsible for paying annual or monthly fees for the use of such programs or systems and must enter into all software license agreements, "terms of use" agreements, and software maintenance agreements in the form and manner Amorino prescribes, and pay all fees imposed thereunder.
For a prospective franchisee, this means that ongoing technology costs are not fixed and can increase if Amorino mandates new software or upgrades. It is important to factor in these potential expenses when evaluating the overall cost of investment. A potential franchisee should inquire about the frequency and estimated costs of software upgrades to better understand the financial implications. This is a fairly standard practice in franchising, as franchisors often require franchisees to use specific software to maintain uniformity and efficiency across the system.