Does the Focus Cfo franchisee retain ownership of materials developed after the effective date?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
O or to any client any information or data the disclosure of which would constitute a violation of any obligation to, or infringe on the rights of, any third party.
- 15.7. Focus CFO agrees and understands that Franchisee is in the business of marketing and offering CFO Services and in connection therewith, Franchisee owns various preexisting materials, tools, methodologies and know-how used to market and offer CFO Services and may develop after the Effective Date additional materials, tools, methodologies and know-how used to market and offer Chief Financial Officer services unrelated to the Focus CFO System or Confidential Information (the "Franchisee IP"), which shall remain the sole and exclusive property of Franchisee. With the exception of the Franchisee IP, Focus CFO is and will be the exclusive owner and deemed author of all information or materials developed, created or required to be delivered to Focus CFO or a Focus CFO client by Franchisee in marketing or offering the CFO Services, including but not limited to reports, data, insights, materials, physical media, information, goods, notes, deliverables, designs, findings, evaluations, plans, processes, software, source code, object code, documentation, and any other information or materials of any kind, whether or not completed, together with all modifications, revisions, changes, copies, partial copies, translations, compilations and derivative works of the foregoing (herein the "Work Product"), and will have the exclusive worldwide right as between the parties to secure or claim copyright, patent, trademark or other intellectual property rights and protection,
whether registered or unregistered and including all rights of registrations, applications and renewals thereof (herein "IP Rights") with respect thereto. Franchisee hereby assigns to Focus CFO, and to the extent it is unable to do so, waives, all of Franchisee's right, title and interest worldwide in and to the Work Product (including any IP Rights), and will execute such documents as Focus CFO may reasonably request to effectuate Focus CFO's IP Rights in the Work Product.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to Focus Cfo's 2025 Franchise Disclosure Document, a franchisee retains ownership of specific intellectual property under certain conditions. The franchisee owns pre-existing materials, tools, methodologies, and know-how used to market and offer CFO services. Additionally, the franchisee retains ownership of materials, tools, methodologies, and know-how developed after the effective date of the agreement, specifically if they are unrelated to the Focus Cfo system or confidential information. This is referred to as "Franchisee IP" in the agreement.
However, Focus Cfo retains ownership of all information or materials developed, created, or required to be delivered to Focus Cfo or a Focus Cfo client. This includes reports, data, insights, materials, physical media, information, goods, notes, deliverables, designs, findings, evaluations, plans, processes, software, source code, object code, documentation, and any other information or materials, whether completed or not. These items are collectively called the "Work Product."
Focus Cfo is deemed the exclusive owner and author of the Work Product and has the exclusive worldwide right to secure or claim copyright, patent, trademark, or other intellectual property rights and protection. If any Franchisee IP is incorporated into the Work Product, the franchisee grants Focus Cfo a perpetual, non-exclusive, worldwide, royalty-free, irrevocable license to use, copy, reproduce, distribute, disclose, and create derivative works of the Franchisee IP. This license includes the right to sublicense the Franchisee IP for Focus Cfo and its affiliates' present and future business operations, including supporting the Chief Financial Officer services provided to Focus Cfo clients.
In summary, a Focus Cfo franchisee retains ownership of intellectual property they develop that is unrelated to the Focus Cfo system. However, Focus Cfo owns the work product created for clients or for delivery to Focus Cfo, even if the franchisee incorporates their own pre-existing IP into that work product, subject to a broad license granted back to Focus Cfo.