Does the Focus Cfo franchise agreement allow Focus CFO to change the attachments to the agreement?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
se, 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.
- 16.7. Construction. The language used in this Agreement shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict conclusion shall be applied against any party.
- 16.8. Severability, Modification and Substitution of Valid Provisions.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, Focus CFO has the right to modify the attachments to the franchise agreement. The FDD states that Focus CFO may modify, revise, amend, or change the attachments with written notice to the franchisee.
This provision means that Focus Cfo can unilaterally alter the terms outlined in the attachments, which cover important aspects of the franchise relationship. These attachments include definitions of key terms, compensation policies, franchisee training requirements, area president responsibilities, IT service requirements, and franchisee performance standards.
The FDD specifies that Focus CFO must provide written notice to the franchisee when making changes to the attachments. Several attachments, including Attachment G (Required IT Services), Attachment E (Franchisee Performance Standards and Failure to Perform Guidelines), Attachment C (Franchisee Training Requirements), and Attachment D (Area President Responsibilities), explicitly state that Focus CFO has the right to modify the provisions within them upon 30 days prior written notice. This 30-day notice period gives the franchisee a limited time to adjust to the changes.
While Focus CFO retains the right to modify these attachments, the core agreement itself can only be amended through a written agreement executed by both parties. This offers some protection to the franchisee regarding the fundamental terms of the franchise agreement, as those cannot be changed unilaterally by Focus CFO.