factual

Under the Amorino Franchise Agreement amendment, is the amendment construed as a waiver of any rights or obligations of the parties under the original Franchise Agreement?

Amorino Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. Reaffirmation of Agreement. Except as expressly amended hereby, the provisions of the Franchise Agreement are and will remain in full force and effect and nothing in this Amendment will be construed as a waiver of any of the rights or obligations of the parties under the Franchise Agreement. The terms and provisions of the Franchise Agreement are incorporated by reference in this Amendment as if set forth herein.

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

What This Means (2025 FDD)

According to the 2025 Amorino Franchise Disclosure Document, the amendment to the franchise agreement does not act as a waiver of rights or obligations under the original agreement. Specifically, the document states that except as expressly amended by the new agreement, the original provisions of the Franchise Agreement remain in full effect. This means that all existing terms, conditions, and responsibilities outlined in the initial agreement continue to bind both Amorino and the franchisee, unless those specific sections are explicitly changed by the amendment.

This clause ensures that the fundamental relationship and obligations established in the original agreement are maintained, providing a level of continuity and predictability for both parties. The amendment serves to modify certain aspects of the agreement while reaffirming the rest. This is a common practice in franchising, where amendments are used to update or refine specific terms without overhauling the entire contractual framework.

For a prospective Amorino franchisee, this reaffirmation clause offers assurance that the core terms of their franchise agreement will remain consistent, even with amendments. However, it is crucial to carefully review both the original agreement and any amendments to fully understand the current scope of their rights and obligations. Franchisees should pay close attention to which sections of the original agreement are being amended and how those changes might affect their operations or financial responsibilities. Consulting with a legal professional is advisable to ensure a complete understanding of the implications of any amendments.

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.