In what county must litigation occur related to the Focus Cfo Franchise Agreement?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| compliance with Attachment E to the Franchise Agreement. | ||
| r. Non-competition covenants during and after the franchise is terminated or expires | Section 13.2, 13.3 | During the term of the Franchise Agreement and for two years after the termination or expiration of the Franchise Agreement, you will not solicit other Franchisees to join you in another business and you will not directly or indirectly work for a Focus CFO client or prospective client. For a period of two (2) years after expiration or early termination of the Franchise Agreement or any successor Franchise Agreement, unless authorized in writing by Focus CFO, you may not (i) advertise, promote, offer to provide or provide services which are competitive to Focus CFO's business on behalf of any third party within the assigned territory; or (ii) advertise, promote, offer to provide or provide services to any Focus CFO client that you have previously served regardless of location. |
| s. Modification of the agreement | Section 16 | Except for the Attachments, no amendment or modification of the Franchise Agreement shall be valid unless such amendment or modification is expressed in a written instrument duly executed by the parties. |
| t. Integration/merger clause | Section 16 | Only the terms of the Franchise Agreement and other related written agreements are binding (subject to applicable state law). Any representations or promises outside of the disclosure document and franchise agreement may not be enforceable. |
| u. Dispute resolution by arbitration or mediation | Section 17 | Except for claims relating to the Focus CFO Marks, confidential information, trade secrets, and covenants not to compete, and subject to state law, all disputes must be arbitrated in Franklin County, Ohio. |
| v. Choice of forum | Section 17 | Litigation must be in Franklin County, Ohio (subject to applicable state law). |
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 27–32)
What This Means (2025 FDD)
According to Focus Cfo's 2025 Franchise Disclosure Document, any litigation related to the franchise agreement must occur in Franklin County, Ohio. This is subject to applicable state law, meaning that depending on the specific circumstances and the laws of the franchisee's state, there might be exceptions or variations to this requirement.
This clause dictates the venue where Focus Cfo franchisees would be required to pursue legal action against the franchisor or vice versa. It is common practice for franchise agreements to include clauses specifying the jurisdiction and venue for resolving disputes, as this helps the franchisor manage legal proceedings more efficiently. However, franchisees should be aware of this requirement, as it could mean incurring travel and legal costs associated with litigating in Ohio, regardless of where their franchise is located.
Prospective Focus Cfo franchisees should consult with a legal professional to understand the implications of this forum selection clause, particularly how it interacts with the laws of their own state. They should also consider the potential costs and inconveniences associated with litigating in Franklin County, Ohio, should a dispute arise with Focus Cfo.