Does the Focus Cfo franchise agreement allow for any oral agreements to be binding?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
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, oral agreements are not binding. The franchise agreement states that no representations, inducements, promises, or agreements, whether oral or otherwise, that are not included in the written agreement have any force or effect.
This means that any discussions or promises made during the franchise sales process or at any other time, which are not written into the franchise agreement, are not legally binding on Focus Cfo. This protects Focus Cfo from claims based on verbal assurances that may have been given but not formally documented.
For a prospective franchisee, this underscores the importance of ensuring that all material terms and conditions are clearly stated in the written franchise agreement. It is crucial to review the agreement carefully and seek legal counsel to clarify any ambiguities or concerns before signing. Any desired modifications or additions should be negotiated and included in writing to be enforceable. Furthermore, Focus Cfo may modify, revise, amend, or change the attachments to the franchise agreement with written notice to the franchisee.