Does the Focus Cfo Franchise Agreement include state-specific addendums?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: Receipts]
THE WISCONSIN NOTICE APPLIES ONLY TO FRANCHISEES WHO ARE RESIDENTS OF WISCONSIN OR LOCATE THEIR FRANCHISES IN WISCONSIN.
THE FOLLOWING PAGES ARE STATE-SPECIFIC ADDENDUMS TO THE FRANCHISE AGREEMENT
ILLINOIS ADDENDUM TO FOCUS CFO GROUP, LLC FRANCHISE AGREEMENT
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- Background. Focus CFO and Franchisee are parties to that certain Franchise Agreement dated , 20 (the "Franchise Agreement") that has been signed concurrently with the signing of this Addendum. This Addendum is attached to and forms a part of the Franchise Agreement. This Addendum is being signed because (a) Franchisee is a resident of North Dakota and the franchised business that Franchisee will operate under the Franchise Agreement will be located in North Dakota and/or (b) any of the offering or sales activity relating to the Franchise Agreement occurred in North Dakota.
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- Releases. Section 2.3.A of the Franchise Agreement is deleted in its entirety.
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- Covenants Not to Compete. The following language is added to the end of Section 14.3:
Covenants not to compete such as those mentioned above are generally considered unenforceable in the State of North Dakota.
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- Arbitration. Section 18.7 of the Franchise Agreement is amended to provide that the location of arbitration shall be at a site to which Focus CFO and Franchisee agree.
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- Jurisdiction. Section 18.2 of the Franchise Agreement is deleted in its entirety and replaced with the following:
Any action brought by either party except those claims required to be submitted to arbitration, shall only be brought in the appropriate state or federal court located in North Dakota. Claims for injunctive relief may be brought by Focus CFO where Franchisee is located. This provision shall not restrict the ability of the parties to confirm or enforce judgments or arbitration awards in any appropriate jurisdiction.
- Governing Law. Section 18.1 of the Franchise Agreement is deleted in its entirety and replaced with the following:
Except to the extent this Agreement or any particular provision is governed by the U.S. Trademark Act of 1946 or other federal law, this Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota (without reference to its conflict of laws principles). The Federal Arbitration Act shall govern all matters subject to arbitration. References to any law refers also to any successor laws and to any published
regulations for such laws as in effect at the relevant time. References to a governmental agency also refer to any regulatory body that succeeds the function of such agency.
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- Background.
Focus CFO and Franchisee are parties to that certain Franchise Agreement dated , 20 (the "Franchise Agreement") that has been signed concurrently with the signing of this Addendum.
This Addendum is attached to and forms a part of the Franchise Agreement.
This Addendum is being signed because (a) Franchisee is a resident of Maryland and the franchised business that Franchisee will operate under the Franchise Agreement will be located in Maryland and/or (b) any of the offering or sales activity relating to the Franchise Agreement occurred in Maryland.
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- Governing Law.
Section 17.1 of the Franchise Agreement is amended to provide that you may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.
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- Jurisdiction.
Section 17.2 of the Franchise Agreement is amended to provide that Franchisee may file any lawsuit against Focus CFO in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.
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- Limitation of Claims.
Section 17.4 of the Franchise Agreement is amended to provide that any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three (3) years after the date of the Franchise Agreement.
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- Releases.
All representations requiring that Franchisee or any prospective franchisee assent to a release, estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel or waiver of liability incurred under the Marland Franchise Registration and Disclosure Law.
Further, any general release required as a condition of renewal, sale and/or assignment or transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
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- Deferral of Initial Fees.
Based upon the franchisor's financial condition, the Maryland Securities Commissioner has required a financial assurance.
Therefore, all initial fees and payments owed by franchisees shall be deferred until the franchisor completes its pre-opening obligations under the franchise agreement.
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- No Waiver.
Other states may require registration, filing, or exemption of a franchise under other laws, such as those that regulate the offer and sale of business opportunities or seller-assisted marketing plans.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
Yes, according to the 2025 Focus Cfo Franchise Disclosure Document, the franchise agreement includes state-specific addendums. The FDD specifically mentions addendums for Illinois, North Dakota, and Maryland.
The inclusion of state-specific addendums is a common practice in franchising to address the varying legal requirements across different states. These addendums modify the standard franchise agreement to ensure compliance with state franchise laws, which can cover aspects such as franchise registration, disclosure requirements, and franchisee rights. For example, the North Dakota addendum modifies sections of the Franchise Agreement related to releases, covenants not to compete, arbitration, jurisdiction, and governing law to align with North Dakota state law. Similarly, the Maryland addendum addresses governing law, jurisdiction, limitation of claims, releases, deferral of initial fees, and waivers to comply with the Maryland Franchise Registration and Disclosure Law.
For a prospective Focus Cfo franchisee, this means that the terms of their franchise agreement may differ depending on the state in which they operate. It is crucial for franchisees to carefully review any state-specific addendums to understand their rights and obligations under the franchise agreement, as these addendums can significantly alter the standard terms. The FDD also notes that other states may require registration, filing, or exemption of a franchise under laws regulating business opportunities or seller-assisted marketing plans, indicating the importance of understanding local regulations. Franchisees should consult with legal counsel to ensure they fully understand the implications of these state-specific provisions.