Can a Focus Cfo franchisee deviate from the standard contract terms?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
to Focus CFO clients. Franchisee represents and warrants that it has all authority necessary to grant the foregoing license.
16. GENERAL CONDITIONS AND PROVISIONS
16.1. Waiver. The failure of any party to insist on performance of any of the terms or conditions of this Agreement will not be construed as a waiver (express or implied) or relinquishment of any rights granted hereunder or of the future performance of any such term or condition, and the obligations of the parties with respect thereto will continue in full force and effect. No failure of Focus CFO to exercise any power reserved to it hereunder, or to insist upon strict compliance by Focus CFO with any obligation or condition hereunder, and no custom nor practice of the parties in variance with the terms hereof, shall constitute a waiver of Focus CFO's right to demand Franchisee's exact compliance with the terms of this Agreement. Waiver by Focus CFO of any particular default by Franchisee shall not be binding unless in writing and executed by Focus CFO and will not affect nor impair Focus CFO's right with respect to any subsequent default of the same or of a different nature. Subsequent acceptance by Focus CFO of any payment(s) due shall not be deemed to be a waiver by Focus CFO of any preceding breach by Franchisee of any terms, covenants or conditions of this Agreement. In no event may Franchisee make any claim for money damages based upon any claim or assertion that Focus CFO has unreasonably withheld or delayed any consent or approval under this Agreement. Franchisee waives any such claim for damages. Franchisee may not claim any such damages by way of set off, counterclaim, or defense. Franchisee's sole remedy for the claim will be an action or
proceeding to enforce the Agreement provisions consistent with the terms of this Agreement.
- 16.2. Injunctive Relief. As any breach by Franchisee of any of the restrictions contained in Sections 12, 13, 14 and 15 would result in irreparable injury to Focus CFO, and as the damages arising out of any such breach would be difficult to ascertain, in addition to all other remedies provided by law or in equity, Focus CFO shall be entitled to seek injunctive relief (whether a restraining order, a preliminary injunction or a permanent injunction) against any such breach, whether actual or contemplated. Focus CFO's right to seek injunctive relief will not affect the parties' waiver of jury trial and covenant to arbitrate all disputes in accordance with Section 18.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, a Focus Cfo franchisee's ability to deviate from standard contract terms is limited. Specifically, several clauses within the agreement emphasize the necessity of written authorization from Focus Cfo for any deviations from the outlined terms. For instance, the non-compete and non-solicitation clauses explicitly state that franchisees must obtain written authorization from Focus Cfo to engage in activities that might otherwise be restricted. This requirement extends both during the term of the agreement and for a period of two years following its expiration or termination. This indicates that Focus Cfo maintains strict control over these aspects of the franchise operation.
Furthermore, the agreement underscores that the failure of Focus Cfo to enforce any specific term or condition does not constitute a waiver of its rights, and Focus Cfo's right to demand exact compliance from the franchisee remains intact. Any waiver by Focus Cfo must be in writing and executed by Focus Cfo to be considered binding, and it does not affect Focus Cfo's rights regarding subsequent defaults. This provision reinforces the franchisor's ability to enforce the agreement's terms strictly and consistently.
The agreement also states that franchisees cannot claim monetary damages based on assertions that Focus Cfo has unreasonably withheld or delayed consent or approval. The franchisee's sole remedy is to enforce the agreement provisions consistent with its terms. Additionally, the franchisee acknowledges that the restrictive covenants within the agreement are essential and that Focus Cfo would not have entered into the agreement without them. The franchisee also waives any right to challenge these restrictions as overly broad or unenforceable, further limiting their ability to deviate from the standard contract terms.
In summary, the Focus Cfo franchise agreement is structured to maintain uniformity and control, significantly limiting a franchisee's ability to deviate from the standard contract terms without explicit written authorization from Focus Cfo. This framework ensures that the Focus Cfo System and Marks are protected and consistently applied across all franchise locations.