Does the Franchisee Disclosure Questionnaire for Focus Cfo disclaim reliance on statements made by Focus CFO?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgment signed or agreed to by you 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, and any 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 Focus CFO franchise.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to Focus Cfo's 2025 Franchise Disclosure Document, the Franchisee Disclosure Questionnaire does not disclaim reliance on statements made by Focus CFO. Specifically, the document states that no questionnaire signed by the franchisee can waive claims under state franchise law or disclaim reliance on statements made by Focus CFO or its representatives. This protection extends to statements made by Focus CFO, franchise sellers, or anyone acting on their behalf.
This provision is designed to protect franchisees from being bound by clauses that might inadvertently force them to waive their legal rights or claims of misrepresentation. It ensures that franchisees can rely on the information provided by Focus CFO during the franchise sales process. This means that if a franchisee believes they were misled by statements made by Focus CFO, they are not prevented from pursuing legal action based on those statements.
This type of clause is relatively common in franchise agreements to ensure fairness and transparency in the franchise relationship. It reinforces the importance of the Franchise Disclosure Document (FDD) as the primary source of information for prospective franchisees and prevents franchisors from using additional documents to circumvent franchise laws. This protection is a benefit to the franchisee, ensuring they are not disadvantaged by signing something that limits their legal recourse.