What happens if Focus Cfo's consent or approval is required but withheld?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, if Focus Cfo withholds or delays consent or approval, the franchisee is not entitled to monetary damages. The franchisee waives any claim for damages, including claims made through set off, counterclaim, or defense.
Instead, the franchisee's sole recourse is to initiate an action or proceeding to enforce the agreement's provisions, ensuring actions align with the agreement's terms. This means a franchisee cannot sue Focus Cfo for monetary losses if they believe consent was unreasonably withheld.
This clause emphasizes that Focus Cfo maintains control over key decisions without the threat of financial liability for withholding consent. However, the franchisee retains the right to seek legal enforcement of the franchise agreement itself. This type of clause is not uncommon in franchise agreements, as franchisors often seek to limit their financial exposure while still being held accountable to the terms of the agreement.