What is the geographic scope of the Hawaii Franchise Agreement Amendment for Cordova?
Cordova Franchise · 2025 FDDAnswer from 2025 FDD Document
by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
IN WITNESS WHEREOF, the parties have duly executed and delivered this California State amendment to Cordova Franchising, LLC Franchise Agreement on the same date as the Franchise Agreement was executed.
| Franchisor: Cordova Franchising, LLC | Franchisee: | |
|---|---|---|
| By: | Signature | |
| Signature | ||
| Name and Title (please print) | Name (please print) | |
| Dated | Dated |
HAWAII FRANCHISE AGREEMENT AMENDMENT
Amendments to the Cordova Franchise Agreement:
In recognition of the requirements of the Hawaii Franchise Investment Law, the undersigned agree to the following modifications to Cordova Franchising, LLC Franchise Agreement (the "Franchise Agreement"), as follows:
- Sub-Article 14.C.(6). Sub-article 14.C.(6), under the Article section titled "Conditions for Approval of Transfer," is supplemented by the addition of the following language:
; provided, however, that all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of the Hawaii Franchise Investment Law, shall remain in force; it being the intent of this provision that the non-waiver provisions of the Hawaii Franchise Investment Law be satisfied; and
The Hawaii Franchise Investment Law provides rights to the franchisee concerning non-renewal, termination and transfer of the Franchise Agreement. If this Sub-article contains a provision that is inconsistent with the Hawaii Franchise Investment Law, the Hawaii Franchise Investment Law will control.
- Sub-Article 15.B.(8). Sub-article 15.B.(8), under the Article section titled "Conditions for Renewal," is supplemented by the addition of the following:
; provided, however, that all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of the Hawaii Franchise Investment Law, shall remain in force; it being the intent of this provision that the non-waiver provisions of the Hawaii Franchise Investment Law be satisfied; and
The Hawaii Franchise Investment Law provides rights to the franchisee concerning non-renewal, termination and transfer of the Franchise Agreement. If this subarticle contains a provision that is inconsistent with the Hawaii Franchise Investment Law, the Hawaii Franchise Investment Law will control.
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- Each provision of this amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Hawaii Franchise Investment Law are met independently without reference to this amendment.
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- No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have duly executed and delivered this Hawaii State amendment to Cordova Franchising, LLC Franchise Agreement on the same date as the Franchise Agreement was executed.
Source: Item 23 — RECEIPTS (FDD pages 44–195)
What This Means (2025 FDD)
According to Cordova's 2025 Franchise Disclosure Document, the Hawaii Franchise Agreement Amendment specifically addresses the requirements of the Hawaii Franchise Investment Law. The amendment modifies certain sections of the standard Cordova Franchise Agreement to ensure compliance with Hawaii state law.
The amendment primarily focuses on protecting the rights of franchisees within the jurisdiction of Hawaii. It clarifies that the Hawaii Franchise Investment Law takes precedence over any conflicting provisions in the standard franchise agreement, particularly concerning non-renewal, termination, and transfer rights. This ensures that Cordova franchisees in Hawaii receive the full protections afforded to them under state law.
Specifically, the amendment states that no statement or acknowledgement signed by a franchisee can waive claims under Hawaii franchise law, including claims of fraud. Each provision of the amendment is effective only to the extent that it meets the jurisdictional requirements of the Hawaii Franchise Investment Law. This reinforces that the amendment's purpose is to align the franchise agreement with Hawaii's legal requirements, providing Cordova franchisees operating in Hawaii with additional legal safeguards and assurances.