For Focus Cfo franchisees in Illinois, which state's law governs the Franchise Agreement?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
Except to the extent this Agreement or any particular provision is governed by the U.S. Trademark Act of 1946 or other federal law, this Agreement shall be governed by and construed in accordance with the laws of the State of Ohio (without reference to its conflict of laws principles). The Federal Arbitration Act shall govern all matters subject to arbitration. References to any law refers also to any
- successor laws and to any published regulations for such law as in effect at the relevant time.
References to a governmental agency also refer to any regulatory body that succeeds the function of such agency.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, the agreement's governing law is not explicitly detailed within the provided excerpts for franchisees in Illinois. However, the document includes a general clause specifying that, unless superseded by the U.S. Trademark Act or other federal law, the laws of the State of Ohio govern the agreement, without considering its conflict of laws principles. The Federal Arbitration Act governs all matters subject to arbitration.
Notably, the FDD includes addenda that modify the governing law for franchisees in specific states like North Dakota and Maryland, replacing the standard Ohio governing law with the laws of those respective states. This suggests that the governing law can be state-specific and subject to change via addenda.
Given the absence of a specific Illinois addendum in the provided excerpts, prospective Focus Cfo franchisees in Illinois should confirm with Focus Cfo whether a state-specific addendum exists that would alter the general Ohio governing law provision. It is important to understand which state's laws will govern the franchise agreement, as this can impact legal rights and obligations.