Under the Amorino franchise agreement, what is the 'Franchised Business'?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
Subject to the terms and conditions contained in this Agreement, Amorino grants to you the right to use the System, the Proprietary Marks and the Copyrighted Materials solely in connection with the operation of the Franchised Business, and you accept this right and agree to undertake the obligation to use the System, the Proprietary Marks and the Copyrighted Materials solely in connection with the operation of the Franchised Business.
- (2) The franchise granted to you under this Agreement includes only the right (a) to use the System, the Proprietary Marks and the Copyrighted Materials in connection with the retail sale of authorized products at the Store location to be identified as the "Franchised Location" in a written addendum to this Agreement substantially in the form of addendum attached as Attachment A (the "Form of Addendum"); and (b) to use the Proprietary Marks and the Copyrighted Materials to operate, advertise and promote the Store in accordance with the terms set by us. The location identified in such addendum as the "Franchised Location" shall be the "Franchised Location" for all purposes under this Agreement.
- (3) We do not grant to you any right to (a) sublicense the use of the System, the Proprietary Marks or the Copyrighted Materials, (b) cobrand with another franchise or concept, (c) provide off or on-site catering services without Amorino's prior written consent, (d) deliver or ship Proprietary Products or other Amorino Goods and Services (as defined in Section 8.D below), regardless of the destination, without Amorino's prior written consent, or (e) distribute Amorino products through wholesale channels, such as supermarkets, convenience stores or other retailers, or through food service providers such as restaurants or airlines.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the 'Franchised Business' refers to the operation of an Amorino store using Amorino's System, Proprietary Marks, and Copyrighted Materials. Amorino grants the franchisee the right to use these elements specifically for the retail sale of authorized products at the designated store location, which is identified in a written addendum as the 'Franchised Location'.
This franchise agreement strictly outlines the scope of the franchisee's rights. It includes the right to operate, advertise, and promote the store using Amorino's trademarks and copyrighted materials, but only within the confines of the approved location. The franchisee's rights are limited to the retail sale of approved products at the store location.
Amorino retains control over various aspects of the business model. The franchisee is not allowed to sublicense the use of the System, Proprietary Marks, or Copyrighted Materials. Additionally, franchisees cannot co-brand with another franchise, provide off-site or on-site catering services without prior written consent from Amorino, deliver or ship products, or distribute Amorino products through wholesale channels without explicit approval.
In essence, the 'Franchised Business' for Amorino is a clearly defined and controlled operation, focused on retail sales within a specific location, with strict limitations on additional services or distribution methods unless expressly approved by Amorino. This ensures consistency and quality control across all franchise locations.