What communication methods are included in the non-disparagement clause for Focus Cfo franchisees?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee hereby agrees that he or she will not, either during the term of this Agreement or at any time following the termination hereof for any reason, disparage Focus CFO, the System or any officer, employee, licensee or franchisee of Focus CFO, or any business practice employed by Focus CFO or any officer, employee, licensee or franchisee thereof through any means of communication, including but not limited to the Internet, blog posts, reviews or social media platforms.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to Focus Cfo's 2025 Franchise Disclosure Document, franchisees are prohibited from disparaging Focus CFO, its system, officers, employees, licensees, or other franchisees, as well as any business practices employed by Focus CFO. This restriction applies both during the term of the Franchise Agreement and after its termination, regardless of the reason for termination.
The non-disparagement clause explicitly covers any means of communication. This includes, but is not limited to, online platforms such as the Internet, blog posts, reviews, and social media platforms. This broad language means franchisees must be careful about what they say or write about Focus CFO in any public or private forum.
The FDD also states that Focus CFO considers these restrictive covenants, including the non-disparagement clause, as essential elements of the Franchise Agreement. Franchisees acknowledge that these terms are fair, reasonable, and necessary to protect Focus CFO, its system, and its marks. Franchisees also waive any right to challenge these restrictions as overly broad or unenforceable. This highlights the importance Focus CFO places on protecting its reputation and brand image and the potential legal ramifications for franchisees who violate this clause.