factual

What are the requirements for advertising and promotion of the Cordova Franchised Business by the franchisee?

Cordova Franchise · 2025 FDD

Answer from 2025 FDD Document

nth or period of time.

Franchisor reserves the right to reject any and all marketing efforts requested by Franchisee and to prescribe all marketing, marketing media, marketing channels, promotions, copy, creative, and messaging that Franchisee may or may not use in Franchisee's marketing of the Franchised Business. Franchisee further agrees that:

  • (1) In addition to calendar year monthly reports, Franchisee shall provide Franchisor with monthly reports documenting Franchisee's marketing initiatives, expenses incurred, placements secured, and other metrics and financial information as designated by Franchisor;
  • (2) Prior to opening the Franchised Business, Franchisee shall submit to Franchisor, Franchisee's initial marketing plan for review and approval by Franchisor. Franchisee shall use only those portions of its initial marketing plan that is pre-approved by Franchisor and consistent with Franchisor's standards and specifications. Not less than 30 days prior to the opening of the Franchised Business and during the initial three month period following the Actual Opening Date, Franchisee shall spend not less than $13,000 to $40,000 to market and promote the grand opening of the Franchised Business in accordance with Franchisor's standards and specifications;
  • (3) Franchisee's marketing efforts and the distribution of each marketing channel and media engaged by Franchisee must be directly targeted to Franchisee's Operating Territory. Franchisee shall not direct or target Franchisee's marketing efforts with the purpose or effect of soliciting or attracting clients outside of Franchisee's Operating Territory. To the extent that Franchisee's marketing efforts involve a marketing medium or distribution channel that is targeted to Franchisee's Operating Territory but reaches outside of and beyond Franchisee's Operating Territory Franchisor, in Franchisor's Reasonable Business Judgment, shall have the right to direct and require Franchisee to discontinue such marketing;
  • (4) Franchisee grants to Franchisor the right, without compensation to Franchisee, to use Franchisee's name, address, photograph, and biographical information in any publication related to the System, including in relation to the sale of Cordova Business franchises; and
  • (5) Franchisee grants to Franchisor the right to use of Franchisee's financial data and information related to the financial performance of the Franchised Business for reporting purposes within Franchisor's publicly issued and published Franchise Disclosure Document, including in relation to the sale of franchises.

9.C. ADVERTISING COOPERATIVE

At all times Franchisor, in Franchisor's Reasonable Business Judgment, possesses the right to authorize, establish, designate and de-authorize a local or regional advertising cooperative within those markets that Franchisor designates (the "Advertising Cooperative"). Franchisee agrees that Franchisor possesses the sole and exclusive right to designate any geographic area in which two or more Cordova Business franchises are located as a region for the purpose of establishing an Advertising Cooperative. If Franchisee's Cordova Business or Operating Territory is located within the geographic area of an Advertising Cooperative, franchisee must participate in and contribute to the Advertising Cooperative. Franchisee agrees to the following:

  • (1) If Franchisor previously instituted or, in the future, institutes an Advertising Cooperative that includes, in whole or in part, Franchisee's Operating Territory or Franchisee's Cordova Business Location, Franchisee shall participate in and make such on-going financial contributions to the Advertising Cooperative, as determined by the Advertising Cooperative;
  • (2) Franchisor may establish foundational and organizational requirements of the Advertising Cooperative including voting provisions that allows the Advertising Cooperative to make decisions based on the simple majority vote (one vote per franchisee Cordova Business located within the designated area of the Advertising Cooperative) with a quorum constituting 25% of those franchisees within the Advertising Cooperative;
  • (3) Unless otherwise authorized and approved by Franchisor in writing, each Advertising Cooperative shall be organized for the exclusive purpose of administering marketing programs and the development of media (all subject to the review and approval of Franchisor) for use by members of the Advertising Cooperative in local or regional marketing;
  • (4) If at the time of execution of this Agreement an Advertising Cooperative has been established for a geographic area that includes, in whole or in part, Franchisee's Cordova Business location or Operating Territory, or if

Source: Item 23 — RECEIPTS (FDD pages 44–195)

What This Means (2025 FDD)

According to Cordova's 2025 Franchise Disclosure Document, franchisees have several requirements for advertising and promotion. If a franchisee's Cordova business is located within a designated Advertising Cooperative, they must participate in and contribute to it. The franchisor has the sole right to designate geographic areas for these cooperatives. The advertising cooperative can make decisions based on a simple majority vote, with a quorum of 25% of franchisees within the cooperative.

Franchisees must also submit an initial marketing plan to Cordova for review and approval before opening their franchised business. They can only use the pre-approved portions of this plan that align with Cordova's standards. During the initial three months after opening, franchisees are required to spend between $13,000 and $40,000 on marketing and promoting the grand opening, adhering to Cordova's standards.

The marketing efforts of the franchisee must be directly targeted to their operating territory, and they cannot intentionally solicit clients from outside this area. If marketing efforts inadvertently reach beyond the territory, Cordova has the right to require the franchisee to discontinue such marketing. Franchisees must also provide monthly reports to Cordova documenting their marketing initiatives, expenses, placements, and other financial information.

Cordova also has the right to use the franchisee's name, address, photograph, and biographical information in any publication related to the Cordova system, including those related to franchise sales, without compensating the franchisee. Similarly, Cordova can use the franchisee's financial data related to the franchised business's performance for reporting purposes within its Franchise Disclosure Document.

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.