What is the cure period for a breach of the Focus Cfo Franchise Agreement?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
| g. "Cause" defined - | Section 11.3 | You breach any provision of the Franchise Agreement or any other agreement with Focus CFO or any Focus CFO affiliate and you fail to cure the breach within thirty (30) days. You fail to meet Focus CFO's Performance Standards and such failure continues after receiving thirty (30) days' notice from Focus CFO of such failure to meet the standard, or you accumulate three (3) violations of any individual or combination of the standards, which include: (i) you must comply with Focus CFO's policies as outlined in the Playbook; (ii) you must participate in, or attend, at least 75% of the total required training sessions held by Focus CFO; | | defaults which can be | | | | h. "Cause" defined - defaults which cannot be cured | Section 11.2, 12.1.6 | time to time after written notice by Focus CFO. (i) You become insolvent; (ii) You file a petition in bankruptcy; (iii) You make an assignment for the benefit of your creditors; (iv) You take action or inaction that defames or disparages Focus CFO; (v) You engage in any act of dishonesty, misrepresentation, material neglect of duty, or willful misconduct in connection with the performance of your duties or responsibilities required pursuant to the franchise agreement; (vi) you engage in any behavior that caused physical, mental or emotional harm to an individual or property or behavior which is coercive, threatening, abusive, exploitive, harassing (including sexual, verbal or physical harassment) or which is otherwise inappropriate in a workplace or professional environment; (vii) you make any unauthorized use of the Focus CFO Marks or unauthorized use or disclosure of any confidential information of Focus CFO; (viii) you engage in or are accused of the commission of an act or omission constituting or involving fraud, embezzlement or other crime which could affect the reputation of Focus CFO, the Focus CFO System or the Focus CFO Marks or you are charged with or indicted for a felony, or |
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, if a franchisee breaches any provision of the Franchise Agreement or any other agreement with Focus Cfo or any Focus Cfo affiliate, they have thirty (30) days to cure the breach. If the franchisee fails to meet Focus Cfo's Performance Standards, they have thirty (30) days after receiving notice from Focus Cfo to correct the failure.
However, there are some defaults that cannot be cured. These include scenarios such as becoming insolvent, filing for bankruptcy, making an assignment for the benefit of creditors, defaming or disparaging Focus Cfo, engaging in dishonesty or willful misconduct, causing harm to others, unauthorized use of Focus Cfo's marks or confidential information, or being involved in criminal activities. In these uncureable instances, Focus CFO is not required to give prior notice or a chance to cure before terminating the agreement.
This distinction between curable and incurable defaults is common in franchising. The cure period allows franchisees a reasonable opportunity to fix minor issues and maintain their franchise. The immediate termination for severe breaches protects the Focus Cfo brand and system from significant damage. Prospective franchisees should understand both types of defaults and ensure they can meet the performance standards to avoid potential termination.