Does the Focus Cfo franchise agreement require Focus CFO to provide written notice before modifying attachments?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
Focus CFO has the right to modify the provisions of this Attachment upon 30 days prior written notice.
Franchisees are required to maintain the following IT software, services and support on any business computer that is used to access, send or receive email through your Focus CFO issued email, or which is used conduct business in the role of an Area President.
[Item 23: Receipts]
ATTACHMENT E TO FRANCHISE AGREEMENT
FRANCHISEE PERFORMANCE STANDARDS AND FAILURE TO PERFORM GUIDELINES (EFFECTIVE AS OF APRIL 30, 2021)
Focus CFO has the right to modify the provisions of the Attachment upon 30 days prior written notice.
All Franchisees are expected to meet the performance standards outlined below. If you fail to meet any one of these standards and such failure continues after receiving thirty (30) days' notice from Focus CFO of such failure to meet the standard, or you accumulate three (3) violations of any individual or combination of these standards below, during the term of this Agreement, including repeated violations of the same standard, Focus CFO will have the right to terminate the Agreement by written notice to you without any further opportunity to cure.
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.
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, but they must provide written notice to the franchisee before doing so. Specifically, Focus CFO must provide 30 days prior written notice before modifying the provisions of Attachment G, Required IT Services, and Attachment E, Franchisee Performance Standards and Failure to Perform Guidelines.
This requirement for written notice is also stated more generally in section 16.8 of the franchise agreement. It says that Focus CFO may modify, revise, amend, or change the attachments to the agreement upon written notice to the franchisee.
This is a fairly standard practice in franchising, as it ensures that franchisees are kept informed of any changes to the agreement that may affect their business operations. The franchisee should pay attention to any notices of modifications to the attachments, as these changes could impact their obligations or the services they are required to use.