What is the definition of 'Customers' according to the Focus Cfo franchise agreement?

According to the 2025 Focus Cfo Franchise Disclosure Document, 'Customers' are defined in Section 13.3 of the franchise agreement. Specifically, the agreement states that all clients and prospective clients of Focus Cfo, whether obtained through the franchisee's efforts or not, are considered Customers of Focus Cfo. This definition also extends to all CFOs and Area Presidents associated with Focus Cfo.

This definition has significant implications for a franchisee, particularly concerning non-solicitation. The franchisee acknowledges that all clients and prospective clients, as well as CFOs and Area Presidents, belong to Focus Cfo. This means that during the term of the agreement and for two years after its expiration or termination, the franchisee is restricted from soliciting or engaging with these individuals or entities on behalf of any business that competes with Focus Cfo, unless authorized in writing by Focus Cfo.

This non-solicitation clause is a standard practice in franchising to protect the franchisor's customer base and network. However, it's crucial for a prospective Focus Cfo franchisee to understand the breadth of this definition, as it includes not only existing clients but also prospective clients and other members of the Focus Cfo network. This could limit the franchisee's business activities after leaving the Focus Cfo system, even if those relationships were built independently by the franchisee.

Therefore, a potential franchisee should carefully consider the implications of this definition and the associated non-solicitation clause. It would be prudent to seek legal counsel to fully understand the restrictions and how they might impact future business opportunities. Additionally, the franchisee should inquire about any specific guidelines or interpretations Focus Cfo may have regarding the definition of 'Customers' and the enforcement of the non-solicitation provision.