In the Focus Cfo franchise agreement, what is the definition of 'Force Majeure Event'?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.11. Force Majeure. Neither Franchisee nor Focus CFO shall be deemed to be in default of any provision of this Agreement for failures in performance, resulting from acts or events beyond its reasonable control (a "Force Majeure Event") for the duration of the Force Majeure Event. Such Force Majeure Events shall include but are not limited to acts of God, civil or military authority, terrorists, civil disturbance, war, strikes, fires, other catastrophes, labor disputes, epidemics, pandemics, quarantine restrictions or other events beyond Focus CFO and Franchisee's reasonable control.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, a Force Majeure Event refers to acts or events beyond the reasonable control of either the franchisee or Focus CFO. During a Force Majeure Event, neither party will be considered in default of any agreement provision. This protection lasts for the duration of the event.
The franchise agreement specifies examples of Force Majeure Events. These include acts of God, actions by civil or military authorities, terrorist acts, civil disturbances, war, strikes, fires, and other catastrophes. The definition also encompasses labor disputes, epidemics, pandemics, quarantine restrictions, or other events beyond the reasonable control of Focus CFO and the franchisee.
This clause is a standard inclusion in franchise agreements, designed to protect both parties from unforeseen circumstances that could prevent them from fulfilling their contractual obligations. For a prospective Focus Cfo franchisee, this means that if an uncontrollable event occurs that hinders their ability to operate the franchise, they may be protected from being penalized for non-compliance during that period. However, it's important to note that the determination of whether an event qualifies as a Force Majeure Event is subject to interpretation and could potentially lead to disputes.