What must a Cordova franchisee do to prevent unauthorized distribution of the Manuals?
Cordova Franchise · 2025 FDDAnswer from 2025 FDD Document
You must keep as confidential our Manuals and any supplements to the Manuals. Our Manuals may take the form of written materials and/or digitally distributed and stored materials and made available to you for use in connection with the Franchised Business. The Manuals contain information about our System, Approved Services and Products, System Supplies, proprietary products, marketing systems, training, and confidential methods of operation. You must use all reasonable and prudent means to maintain the Manuals and the information maintained in the Manuals as confidential and prevent any unauthorized copies, recordings, reproduction, or distribution of the Manuals or the information contained in the Manuals. You must restrict access to the Manuals to management level employees who sign a confidentiality agreement with you and are required by you to maintain the confidentiality of the Manuals and refrain from distributing or disclosing the Manuals and the information contained in the Manuals. You must provide us with immediate notice if you learn of any unauthorized use of the Manuals or of the information contained in the Manuals, or any infringement or challenge to the proprietary or confidentiality of the information contained in the Manuals. We will take any and all action(s), or refrain from taking action, that we determine, in our discretion, to be appropriate. We may control any action or legal proceeding we choose to bring. We need not participate in your defense or indemnify you for damages or expenses in a proceeding involving a copyright or patent. If any third party establishes to our satisfaction, in our discretion, that it possesses rights superior to ours, then you must modify or discontinue your use of these materials in accordance with our written instructions.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 31–32)
What This Means (2025 FDD)
According to Cordova's 2025 Franchise Disclosure Document, franchisees must take several steps to protect the confidentiality of the Operations Manuals. These manuals contain critical information about the Cordova system, including operational procedures, approved services and products, system supplies, marketing systems, training methods, and other confidential methods. The Operations Manuals may be in written or digital format.
To prevent unauthorized distribution, Cordova franchisees must use all reasonable and prudent means to maintain the confidentiality of the Manuals and prevent any unauthorized copies, recordings, reproduction, or distribution. Access to the manuals should be restricted to management-level employees who have signed a confidentiality agreement. These employees must be required to maintain the confidentiality of the manuals and refrain from distributing or disclosing the information within them.
Furthermore, franchisees are obligated to immediately notify Cordova if they become aware of any unauthorized use of the Manuals or the information contained within, or any infringement or challenge to the proprietary or confidentiality of the information. While Cordova reserves the right to take or refrain from taking action at its discretion, the franchisee's prompt notification is crucial. If a third party demonstrates superior rights to the materials, the franchisee must modify or discontinue their use of the materials according to Cordova's written instructions. These measures are essential to protect Cordova's proprietary information and maintain the integrity of the franchise system.