factual

Does the Focus Cfo agreement include a waiver of jury trial?

Focus_Cfo Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 17.6.

Waiver of Jury Trial.

FRANCHISEE AND FOCUS CFO EACH IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, WHETHER AT LAW OR EQUITY, BROUGHT BY EITHER OF THEM.

Source: Item 23 — Receipts (FDD pages 37–126)

What This Means (2025 FDD)

According to the 2025 Focus Cfo Franchise Disclosure Document, both Focus Cfo and the franchisee irrevocably waive their right to a jury trial for any legal action, whether based in law or equity. This means that any disputes arising between Focus Cfo and the franchisee will be resolved by a judge rather than a jury.

This waiver is a significant legal provision. By agreeing to it, a franchisee gives up the right to have a jury of their peers decide the outcome of any legal dispute with Focus Cfo. Jury trials can be more unpredictable and potentially lead to larger damage awards, so this waiver aims to create a more predictable and potentially less costly dispute resolution process for both parties.

However, Focus CFO retains the right to seek injunctive relief through arbitration or in state or federal court, and this right is not affected by the jury trial waiver. Injunctive relief typically involves a court order to stop someone from doing something, and Focus CFO can pursue this type of remedy even with the jury trial waiver and arbitration agreement in place. Prospective franchisees should carefully consider the implications of waiving their right to a jury trial and consult with an attorney to understand their rights and obligations under the franchise agreement.

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.