Does the Focus Cfo franchise agreement supersede any other term of any document executed in connection with the franchise?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.5.4.
No statement, questionnaire, or acknowledgment signed or agreed to herein by Franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by Focus CFO, franchise seller, or other person acting on behalf of Focus CFO.
This provision supersedes any other term of any document executed in connection with the Franchise.
- 16.6.
Entire Agreement; Amendment.
This Agreement, its attachments and the documents referred to herein shall be construed together and constitute the entire, full and complete agreement between Focus CFO and Franchisee concerning the subject matter hereof and shall supersede all prior agreements.
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.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, the franchise agreement, along with its attachments and referenced documents, constitutes the entire agreement between Focus Cfo and the franchisee, superseding all prior agreements. However, this does not disclaim any representations Focus Cfo made in the Franchise Disclosure Document itself.
Specifically, any statement, questionnaire, or acknowledgment signed by the franchisee cannot waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Focus Cfo or its representatives. This provision takes precedence over any other term in any document related to the franchise.
This means that while the franchise agreement aims to be the comprehensive and final word on the franchise terms, certain protections for the franchisee, particularly regarding reliance on the FDD and rights under state franchise laws, are preserved and cannot be overridden by other documents or agreements. This is a fairly standard provision in franchise agreements, intended to provide clarity and protect franchisees from unknowingly waiving important legal rights.