Under the Amorino franchise agreement, what is the 'Franchised Business' defined as?
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 franchise agreement grants the franchisee the right to operate a business using Amorino's system, proprietary marks, and copyrighted materials. This right is specifically tied to the retail sale of authorized products at a designated store location, referred to as the "Franchised Location." The exact location will be detailed in a written addendum to the franchise agreement.
This agreement strictly defines the scope of the franchise. Franchisees are authorized to use Amorino's system and branding to operate, advertise, and promote their store. However, the agreement explicitly prohibits certain activities without prior written consent from Amorino. These restrictions include sublicensing the use of Amorino's system or marks, co-branding with other franchises, providing off-site or on-site catering services, delivering or shipping proprietary products, and distributing Amorino products through wholesale channels like supermarkets or convenience stores.
In essence, the "Franchised Business" is the Amorino store operating at the Franchised Location, focused on the retail sale of approved products, and adhering to Amorino's standards and guidelines. Franchisees must operate within these defined boundaries and seek approval for any activities outside the scope of the agreement. This ensures consistency and protects the brand's integrity across all franchise locations.