Who controls any action or legal proceeding related to the Cordova Manuals?
Cordova Franchise · 2025 FDDAnswer from 2025 FDD Document
operate your Cordova Business in accordance with the specifications, standards, and requirements set forth in our Manuals; develop or operate your Cordova Business in compliance with all federal, state, and local laws, rules, and regulations, unless, such violation poses a threat to public health
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 31–32)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Cordova requires franchisees to operate their business in accordance with the specifications, standards, and requirements set forth in their manuals. However, the FDD does not explicitly state who controls any action or legal proceeding related to the Cordova Manuals. The document does specify that Nebraska law will govern the Franchise Agreement, but this provision is subject to state law and as otherwise disclosed in Exhibit I.
Item 17 outlines choice of forum, stating that except for certain claims for injunctive relief, all litigation proceedings must be conducted in the appropriate State or Federal Court within or closest to either Douglas County, Nebraska or the State or Federal Court nearest to Cordova's corporate headquarters at the time such action is commenced. This provision is subject to applicable state law.
To fully understand who controls any action or legal proceeding related to the Cordova Manuals, a prospective franchisee should seek clarification from Cordova regarding the specific circumstances under which Cordova or the franchisee would initiate or control such actions. It would also be prudent to consult with a legal professional to assess the implications of the choice of law and forum provisions in the Franchise Agreement.