Does the Focus Cfo agreement specify any exceptions to the requirement to maintain confidentiality?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
agrees to prominently display the Focus CFO Marks in the manner prescribed from time-to-time by Focus CFO.
15. CONFIDENTIALITY; MARKS AND INTELLECTUAL PROPERTY
- 15.1. It is understood that while performing services for clients, Franchisee will be provided with or will have access to confidential information regarding their business, including, their operations, financial statements, products and customers and Franchisee will also be provided with confidential information relating to Focus CFO, including but not limited to access to the confidential and proprietary Playbook ("Confidential Information"). Franchisee agrees (a) to hold in strict confidence all Confidential Information, (b) not to use, reproduce, publish, disclose or otherwise make known to any person or entity any Confidential Information at any time, (c) limit access to Confidential Information to employees, agents and independent contractors of Focus CFO or the Focus CFO client, as applicable, who have a need-to-know in connection with this Agreement or the PSA, (d) use Confidential Information only for the purposes and in connection with the performance of Franchisee's obligations under this Agreement and the PSA, as applicable; except to the extent required in the performance of Focus CFO's engagement with a client and authorized by the client or as otherwise required by applicable law.
- 15.2. Franchisee agrees to return to Focus CFO all Confidential Information in Franchisee's possession at the termination or expiration of this Agreement. This includes but is not limited to any information retrieved from the Playbook. Franchisee agrees to notify Focus CFO immediately when Franchisee learns about unauthorized use of Confidential Information. Focus CFO is not obligated to take any action but will respond as it deems appropriate in its sole discretion.
- 15.3.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, the franchisee is obligated to maintain the confidentiality of Focus Cfo's and its clients' information. The agreement specifies that the franchisee must hold all confidential information in strict confidence and not use, reproduce, publish, disclose, or make it known to any person or entity. Access to confidential information is limited to employees, agents, and independent contractors of Focus Cfo or the Focus Cfo client who have a need to know.
However, there are exceptions to this strict confidentiality. The franchisee can use confidential information to the extent required in the performance of Focus Cfo's engagement with a client and authorized by the client. Additionally, disclosure is permitted if otherwise required by applicable law. This means a Focus Cfo franchisee may disclose confidential information if a client explicitly authorizes it for the purpose of the engagement or if a law mandates the disclosure.
Furthermore, the Focus Cfo agreement acknowledges that the franchisee may possess pre-existing materials, tools, methodologies, and know-how used to market and offer CFO services, termed "Franchisee IP." These Franchisee IP assets remain the sole and exclusive property of the franchisee and are not subject to the confidentiality restrictions applicable to Focus Cfo's confidential information. This allows the franchisee to continue using their own proprietary resources in their work, provided they are unrelated to the Focus Cfo system or confidential information.