What documents constitute the entire agreement between Focus Cfo and the Franchisee?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.6.
Entire Agreement; Amendment.
This Agreement, its attachments and the documents referred to herein shall be construed together and constitute the entire, full and complete agreement between Focus CFO and Franchisee concerning the subject matter hereof and shall supersede all prior agreements.
No other representations (other than those within Focus CFO's Franchise Disclosure Document), inducements, promises or agreements, oral or otherwise, between the parties not embodied herein, which are of any force or effect with respect to the matters set forth in or contemplated by this Agreement or otherwise.
No amendment, change or variance from this Agreement shall be binding on either party unless executed in writing by both parties; provided however Focus CFO may, from time to time and at its sole discretion, modify, revise, amend or change the Attachments attached hereto upon written notice to Franchisee.
Nothing in this Agreement, however, is intended to disclaim the representations Focus CFO has made in the Franchise Disclosure Document that we furnished to Franchisee.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, the entire agreement between Focus Cfo and the franchisee consists of the franchise agreement itself, its attachments, and any documents specifically referred to within the agreement. This clause ensures that all aspects of the agreement are clearly defined and documented, preventing misunderstandings or disputes based on undocumented promises or representations.
The FDD also clarifies that no other representations, inducements, promises, or agreements—whether oral or otherwise—that are not included in the franchise agreement have any force or effect. However, this does not disclaim any representations Focus Cfo made in the Franchise Disclosure Document itself, which was furnished to the franchisee. This is an important distinction, as the FDD provides crucial information that a franchisee relies on when making the decision to invest in the franchise.
Furthermore, any amendments, changes, or variances to the agreement must be executed in writing by both parties to be binding. Focus Cfo retains the right to modify, revise, amend, or change the attachments to the agreement with written notice to the franchisee. This ensures that any modifications are formally documented and communicated, maintaining transparency and legal enforceability. This comprehensive approach to defining the agreement aims to provide clarity and protect the interests of both Focus Cfo and the franchisee.