Where must disputes be arbitrated according 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 the 2025 Focus Cfo Franchise Disclosure Document, disputes between Focus Cfo and a franchisee must be arbitrated in Franklin County, Ohio. This requirement applies to all disputes except those relating to Focus Cfo's trademarks, confidential information, trade secrets, and covenants not to compete. Additionally, this arbitration clause is subject to applicable state law, meaning that state laws may override or modify this requirement.
For a prospective Focus Cfo franchisee, this means that if a disagreement arises with the franchisor, the franchisee will likely need to travel to Franklin County, Ohio, to resolve the issue through arbitration. Arbitration is a form of alternative dispute resolution where a neutral third party hears both sides of the argument and makes a decision. This process is generally less formal and less expensive than going to court, but it can still involve legal fees and travel expenses.
It is important to note the exceptions to this arbitration requirement. Disputes involving Focus Cfo's trademarks, confidential information, trade secrets, and non-compete agreements are not subject to mandatory arbitration and may be litigated in court. The FDD also specifies that litigation must be in Franklin County, Ohio, which means that any court cases would also take place there. Prospective franchisees should consider the potential costs and inconvenience of traveling to Ohio for dispute resolution when evaluating the Focus Cfo franchise opportunity.