What right does a Cordova franchisee waive regarding the terms of the agreement?
Cordova Franchise · 2025 FDDAnswer from 2025 FDD Document
ly liable to Franchisee for any reason. In addition to the foregoing, Franchisor and Franchisee are not joint employers. The foregoing shall not be construed to imply that Franchisor and/or Franchisor's agents have made any oral promises as pursuant to Article 18.M. of this Agreement, this written Agreement represents the sole Agreement between Franchisor and Franchisee.
18.S. NON-UNIFORM AGREEMENTS
Franchisee agrees and acknowledges that Franchisor makes no representations or warranties that all other agreements with Cordova Franchising, LLC franchisees entered into before or after the Effective Date do or will contain terms substantially similar to those contained in this Agreement. Franchisee agrees that Franchisor may waive or modify comparable provisions of other franchise agreements to other System franchisees in a non-uniform manner.
**18.T.
Source: Item 23 — RECEIPTS (FDD pages 44–195)
What This Means (2025 FDD)
According to Cordova's 2025 Franchise Disclosure Document, a franchisee agrees that Cordova can modify franchise agreements with other franchisees in a non-uniform manner. Specifically, the franchisee acknowledges that Cordova makes no guarantees that all franchise agreements will contain substantially similar terms. This means Cordova retains the right to offer different terms and conditions to other franchisees, even if those terms are more favorable.
Furthermore, the Cordova franchisee waives the right to withhold payments from Cordova due to alleged nonperformance, breach of contract, or any other reason. The franchisee cannot offset any amount they believe Cordova owes them against payments they are obligated to make to Cordova, such as royalty fees or advertising contributions. This ensures that Cordova receives its payments regardless of any disputes or claims the franchisee may have.
However, the Illinois, Michigan, North Dakota, Rhode Island, and Virginia FDD Amendments clarify that certain franchisee rights cannot be waived. For example, franchisees cannot waive claims under applicable state franchise laws, including claims of fraud. Similarly, franchisees in these states cannot be forced to waive their right to a jury trial or have the Franchise Agreement be construed under the laws of another state. These stipulations protect franchisees from overreaching by Cordova and ensure compliance with state franchise laws.