factual

Will Amorino unreasonably withhold consent to a transfer of the Amorino franchise?

Amorino Franchise · 2025 FDD

Answer from 2025 FDD Document

Amorino will not unreasonably withhold its consent to a transfer of any interest in the Franchised Business, but may, in its sole discretion, condition such consent on satisfaction of any or all of the following:

  • (1) All of your accrued monetary obligations to Amorino and its Affiliates, and all other outstanding obligations related to the Store shall be up to date, fully paid and satisfied.

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

What This Means (2025 FDD)

According to the 2025 Amorino FDD, Amorino will not unreasonably withhold its consent to a transfer of any interest in the Franchised Business. However, Amorino may condition such consent on satisfaction of certain requirements. These conditions include ensuring all monetary and other obligations related to the store are up to date, fully paid, and satisfied.

Additionally, the franchisee must be in full compliance with the franchise agreement and any other agreements with Amorino, its affiliates, and suppliers. The franchisee must also request consent in writing and deliver a completed copy of the "Amorino Transfer Disclosure Form," along with the proposed transfer agreements and lease agreement, at least 30 days before the proposed transfer. Amorino will then determine if the sale terms will materially and adversely affect the post-transfer viability of the franchised business.

The transferee must meet Amorino's standards for education, management, and business, possess good moral character, business reputation, and credit rating, and demonstrate the aptitude and ability to conduct the franchised business. They must also have adequate financial resources and capital to operate the store, reside or be based near the store, and otherwise satisfy Amorino's current criteria for selecting franchisees. Both the franchisee and their principals must execute a general release of claims against Amorino and its affiliates. The transferee must also execute Amorino's then-current form of franchise agreement, which may have materially different terms, including different royalty fees and advertising obligations. If the transferee is a business entity, its principals and their spouse or registered domestic partner must deliver a guaranty.

Furthermore, the transferee must complete Amorino's initial training program, and the franchisee or transferee must pay the transfer fee specified in the Data Sheet, plus reimbursement of Amorino's reasonable costs and expenses, including legal fees and background check costs. Both parties must provide and sign all other required documents and take any other actions reasonably required by Amorino. Finally, the store must comply with Amorino's up-to-date standards, or the transferee must present an acceptable remodeling plan for approval.

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.