Under the Amorino franchise agreement, what is required for a waiver or modification of the agreement to be considered valid?

Based on the 2025 Amorino Franchise Disclosure Document, any modifications to the franchise agreement or waivers of Amorino's rights must be in writing and signed by both Amorino and the franchisee to be considered valid. Specifically, in the context of a Covenantor agreement, neither the franchisor nor the franchisee can allow the use of any trade secret or confidential information without prior written consent from both parties. This requirement ensures that all parties are in agreement regarding any changes to the original terms and conditions, protecting the interests of both the franchisor and the franchisee.

This stipulation is crucial for prospective Amorino franchisees as it provides a clear understanding of how modifications or waivers to the franchise agreement are handled. It emphasizes the importance of obtaining written consent from Amorino for any deviations from the standard agreement. Without such written consent, any perceived agreement or understanding may not be legally binding, potentially leading to disputes or breaches of contract.

The need for written consent also extends to the use of confidential information, highlighting the sensitivity of Amorino's proprietary knowledge and systems. Franchisees must ensure that any third parties or employees who have access to this information are also bound by confidentiality agreements and understand the need for written consent before any use or disclosure.

Overall, this requirement for written consent in modifications and waivers is a standard practice in franchising, designed to protect both the franchisor's brand and system standards, as well as the franchisee's investment and operational rights. Prospective franchisees should pay close attention to this clause and ensure they fully understand the process for requesting and obtaining written consent for any desired changes to the franchise agreement.