What happens if the Focus Cfo franchisee is in default of any agreement with Focus CFO?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
Focus CFO has the right to terminate this Agreement for cause due to Franchisee's failure to meet Focus CFO's Performance Standards ("Failure to Perform").
- 11.3.1. Except as provided in Section 11.2, Franchisee will have thirty (30) days from receipt of notice of default from Focus CFO to cure any breach of this Agreement or any other agreement with Focus CFO or any Focus CFO affiliate. If Franchisee fails to cure the breach within the thirty (30) day period, Focus CFO will have the right to terminate this Agreement by written notice to Franchisee without any further opportunity to cure.
- 11.3.2. Franchisee is expected to meet certain Performance Standards as outlined in Attachment E. Focus CFO will provide written notice to Franchisee of any failure to meet these Performance Standards. If Franchisee fails to cure the default of the Performance Standards within thirty (30) days and such failure continues beyond the cure period, or Franchisee accumulates three (3) violations of any individual or combination of Performance Standards outlined in Attachment E, Focus CFO will have the right to terminate this Agreement by written notice to Franchisee without any further opportunity to cure.
- 11.4. Permanent Disability or Death. Should the Equity Owner become physically or mentally disabled or unable to perform the services required by this Agreement for a period of ninety (90) consecutive days, or for an aggregate period of one hundred twenty (120) days in any one hundred eighty (180) day period, Focus CFO has a right to terminate this Agreement by written notice to Franchisee. This Agreement shall terminate immediately upon the death of the Equity Owner.
- 11.5. Payments upon Termination. Upon termination of this Agreement for any reason, payments due through the date of termination under Section 8 of this Agreement will be paid to Franchisee by Focus CFO, as follows:
- 11.5.1. So long as Franchisee's Book of Business has not been Transferred pursuant to Section 12, payments for work credited to Franchisee's Book of Business prior to the date of termination of this Agreement and collected by Focus CFO within 90 days of the termination of this Agreement will be paid to Franchisee within 120 days of termination of this Agreement.
- 11.5.2. If this Agreement has been terminated as a result of permanent disability or death in accordance with Section 11.4 above, payments for work credited to Franchisee's Book of Business prior to the date of termination of this Agreement will be paid to Franchisee or an estate in accordance with Section 11.5.1 above. Payment for work credited to Franchisee's Book of Business subsequent to the date of the termination of this Agreement will, by default, be paid fifty (50) percent to Franchisee or an estate and fifty (50) percent to the new Area President(s) assigned to the clients in Franchisee's Book of Business for a period of up to five (5) years from the date of permanent disability or death, that is unless an agreement as previously approved by Focus CFO exists otherwise.
- 11.5.3. Area Presidents performing billable services to Focus CFO clients, payments for services performed directly by Franchisee prior to the date of termination of this Agreement and collected by Focus CFO within 90 days of the
termination of this Agreement, will be paid to Franchisee within 120 days of termination of this Agreement.
- 11.5.4. Except as set forth in this Section 11.5, no other payment shall be made to Franchisee following termination of this Agreement.
- 11.6. Franchisee's Obligations Upon Termination.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, if a franchisee defaults on the Franchise Agreement or any other agreement with Focus CFO or its affiliates, the franchisee typically has 30 days from the receipt of a default notice to resolve the breach. However, this cure period does not apply under Section 11.2, which allows Focus CFO to terminate the agreement immediately for cause.
For defaults related to performance standards, Focus CFO will provide written notice, and the franchisee has 30 days to correct the failure. If the franchisee fails to meet performance standards within this period, and the failure continues, or if the franchisee accumulates three violations of any combination of performance standards, Focus CFO can terminate the agreement without any further opportunity to cure. These performance standards are detailed in Attachment E of the Franchise Agreement.
Focus CFO also has the right to terminate the agreement immediately for cause, which includes events such as franchisee insolvency, bankruptcy filings, actions that defame Focus CFO, dishonesty, misrepresentation, neglect of duty, willful misconduct, engaging in harmful or inappropriate behavior, unauthorized use of Focus CFO marks or confidential information, commission of fraud or embezzlement, or failure to comply with applicable regulations and laws. In cases of permanent disability or death of the Equity Owner, Focus CFO has the right to terminate the agreement with written notice if the Equity Owner is unable to perform services for a defined period, and the agreement terminates immediately upon the Equity Owner's death.