For Focus Cfo, what is the consequence of a provision in the franchise agreement that attempts to waive compliance with the Illinois Franchise Disclosure Act?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgment signed or agreed to by you in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by Focus CFO, and any franchise seller, or other person acting on behalf of Focus CFO. This provision supersedes any other term of any document executed in connection with the Focus CFO franchise.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, any attempt to waive claims under applicable state franchise law, including fraud in the inducement, is ineffective. This means that even if a franchisee signs a document intending to waive their rights under state franchise law, that waiver will not be legally binding.
This provision protects Focus Cfo franchisees by ensuring they retain their rights and remedies under state franchise laws, regardless of any agreement they may have signed. It also prevents Focus Cfo from disclaiming reliance on any statements made by the company or its representatives. This ensures that franchisees can hold Focus Cfo accountable for the representations made during the franchise sales process.
For a prospective Focus Cfo franchisee in Illinois, this means that they cannot inadvertently waive their rights under the Illinois Franchise Disclosure Act. This provides an added layer of protection and ensures that they can pursue legal remedies if Focus Cfo violates the Act. This clause supersedes any other term in any document executed in connection with the Focus Cfo franchise, reinforcing its importance.