factual

What is the definition of 'Equity Owner' in the context of the Focus Cfo franchise agreement's indemnification clause?

Focus_Cfo Franchise · 2025 FDD

Answer from 2025 FDD Document

This Franchise Agreement ("Agreement") made this day of, 20
("Effective Date"), is by and between Focus CFO Group, LLC ("Focus CFO", "us" or "our") and
("Franchisee," "you" or "your"), and an individual (the "Equity
Owner"). Focus CFO, Franchisee and Equity Owner are all bound to the terms of this Agreement.
Franchisee and Equity Owner may be referred to collectively below as "Franchisee" or "Area
President." This Agreement will not be effective until it has been countersigned by Focus CFO
and delivered to Franchisee and Franchisee has paid the Franchise Fee as described below.
  • 10.5.

Franchisee Indemnification.

Franchisee and Equity Owner shall hold harmless, defend and indemnify Focus CFO, any affiliate of Focus CFO, all employees, officers, directors, managers, members, franchisees, licensees, successors and assigns of Focus CFO and Focus CFO affiliates (collectively "Focus CFO Indemnitees") from and against all losses, damages, fines, costs, expenses or liabilities (including reasonable attorneys' fees, costs of investigation, expert fees and disbursements and all other costs of investigation, arbitration and/or litigation, court costs, settlement amounts, judgments, and compensation for damages to Focus CFO's reputation and goodwill) incurred in connection with any action, suit, demand, claim, investigation or proceeding, or any settlement thereof, which arises from or is based upon Franchisee's: (i) violation, breach or asserted violation of any federal, state or local law, regulation or rule; (ii) the commission of an act or omission involving a felony or involving fraud, embezzlement or other criminal conduct; (iii) material breach of any representation, warranty, covenant or provision of this Agreement or any other agreement between Franchisee and Focus CFO; (iv) gross negligence or intentional acts, especially related to work performed for a Focus CFO client, (v) infringement or alleged infringement, of a third party's patent, copyright, trademark, tradename, trade secrets or other intellectual property or the misuse or disclosure of third party confidential information or (vi) any behavior causing physical 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.

The obligations of Franchisee and Equity Owner in this Section shall expressly survive the expiration or early termination of this Agreement.

Furthermore, Franchisee and Equity Owner agree that their obligations and liabilities under this Section are joint and several.

  • 1.2.

Focus CFO requires that Franchisee enter this Agreement as a business entity such as a limited liability company or similar entity (collectively, the "Entity") and such entity shall have one equity owner who shall serve as an Area President.

    1. "Area President" means the Equity Owner of a Focus CFO Franchisee who works to generate new clients within Focus CFO's coordinated client development system using the Focus CFO System and Focus CFO Marks;
    1. "Equity Owner" has the meaning set forth in the opening paragraph;

Source: Item 23 — Receipts (FDD pages 37–126)

What This Means (2025 FDD)

According to the 2025 Focus Cfo Franchise Disclosure Document, the 'Equity Owner' is referenced in the indemnification clause within the franchise agreement. The franchisee and the Equity Owner are both required to hold harmless, defend, and indemnify Focus CFO and its affiliates against any losses, damages, fines, costs, expenses, or liabilities arising from the franchisee's actions or breaches. This includes violations of laws, criminal conduct, breaches of the agreement, negligence, infringement of intellectual property, or any inappropriate behavior causing harm. The obligations of both the Franchisee and Equity Owner survive the termination of the agreement, and their liabilities are joint and several.

Focus Cfo requires the franchisee to operate as a business entity, such as a limited liability company, with one equity owner who serves as an Area President. The Area President is responsible for generating new clients using Focus Cfo's client development system. The Equity Owner's role as Area President involves marketing and offering CFO Services using the Focus CFO Marks.

The definition of 'Equity Owner' is further clarified in Attachment A of the franchise agreement, which states that the definition is in the opening paragraph of the agreement. The opening paragraph of the franchise agreement states that Focus CFO, the Franchisee, and an individual (the Equity Owner) are all bound to the terms of the agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.