What does a Focus Cfo franchisee acknowledge regarding the restrictive covenants in the agreement?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges that the restrictive covenants contained in this Section 13 are essential elements of this Agreement and that without their inclusion Focus CFO would not have entered into this Agreement.
Franchisee acknowledges that each of the terms set forth herein, including the restrictive covenants, is fair and reasonable and is reasonably required for the protection of Focus CFO, the Focus CFO System and the Focus CFO Marks and Franchisee waives any right to challenge these restrictions as being overly broad, unreasonable or otherwise unenforceable.
If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination will have the power to reduce the duration and/or area of such
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, a franchisee acknowledges that the restrictive covenants within Section 13 of the agreement are essential. Focus Cfo would not enter into the agreement without these covenants.
The franchisee also acknowledges that each term, including the restrictive covenants, is fair, reasonable, and reasonably required to protect Focus Cfo, its system, and its marks. The franchisee waives any right to challenge these restrictions as overly broad, unreasonable, or unenforceable.
Furthermore, the franchisee agrees that if any provision is deemed unenforceable due to its duration or area covered, the court can reduce the duration or area to make it enforceable. This demonstrates the franchisee's understanding and acceptance of the importance and enforceability of the restrictive covenants for Focus Cfo.