What is the purpose 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.
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 is designed to ensure compliance with the Hawaii Franchise Investment Law. The amendment modifies specific sections of the standard Cordova Franchise Agreement to protect the rights of franchisees in Hawaii, particularly concerning non-renewal, termination, and transfer of the franchise.
The amendment specifically addresses sub-articles related to 'Conditions for Approval of Transfer' and 'Conditions for Renewal,' supplementing them to ensure that all rights and causes of action available to the franchisee under the Hawaii Franchise Investment Law remain in effect. This aims to satisfy the non-waiver provisions of the Hawaii Franchise Investment Law, preventing franchisees from unknowingly relinquishing their legal protections.
Furthermore, the amendment includes provisions clarifying that if any part of the Cordova Franchise Agreement is inconsistent with the Hawaii Franchise Investment Law, the state law will take precedence. It also states that no document signed by the franchisee can waive claims under state franchise law, including claims related to fraud, or disclaim reliance on statements made by Cordova. This provision is designed to override any conflicting terms in other documents associated with the franchise agreement, strengthening franchisee protections under Hawaii law.