If a Focus Cfo franchisee breaches the Franchise Agreement, how long do they have to cure the breach?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| convicted of a misdemeanor offense involving moral turpitude; (ix) you fail to comply with any applicable federal, state or local regulations or laws relating to the Franchise, the CFO Services or Focus CFO's business. With respect to a Transfer of the Franchisee's Book of Business, the Franchise Agreement will immediately terminate twelve (12) months from the date of transfer if not terminated earlier. Focus CFO is not required to give you prior notice or the right to cure for these events. |
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 27–32)
What This Means (2025 FDD)
According to Focus Cfo's 2025 Franchise Disclosure Document, the timeframe allowed for a franchisee to cure a breach of the Franchise Agreement varies depending on the nature of the breach. The document outlines several scenarios where Focus CFO is not required to provide prior notice or an opportunity to cure. These include instances where the franchisee is declared insolvent or bankrupt; makes an assignment for the benefit of creditors; is convicted of a felony or a misdemeanor involving moral turpitude; or fails to comply with applicable federal, state, or local regulations pertaining to the franchise, CFO services, or Focus CFO's business.
For other types of breaches, the FDD does not specify a standard cure period. Instead, it appears the cure period may be determined on a case-by-case basis, or as specified elsewhere in the Franchise Agreement, which is not detailed in this excerpt.
Prospective Focus Cfo franchisees should carefully review the Franchise Agreement to understand the specific cure periods applicable to different types of breaches. It is essential to understand under which circumstances Focus CFO can terminate the agreement without notice or an opportunity to cure, as this could have significant implications for the franchisee's investment and business operations. Further clarification should be sought from the franchisor regarding typical cure periods and the factors that influence these determinations.