What information must be included in the notice of termination, cancellation, or substantial change in competitive circumstances provided by Focus Cfo to Wisconsin franchisees?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
The following statements are added to Item 17 of this Disclosure Document:
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- For all franchisees residing in the State of Wisconsin, we will provide you at least 90 days' prior written notice of termination, cancellation or substantial change in competitive circumstances. The notice will state all the reasons for termination, cancellation or substantial change in competitive circumstances and will provide that you have 60 days in which to cure any claimed deficiency. If this deficiency is cured within 60 days, the notice will be void. If the reason for termination, cancellation or substantial change in competitive circumstances is nonpayment of sums due under the franchise, you will have 10 days to cure the deficiency.
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- For Wisconsin franchises, Ch. 135, Stats., the Wisconsin Fair Dealership Law, supersedes any provisions of the Franchise Agreement or a related contract which is inconsistent with the Law.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to Focus Cfo's 2025 Franchise Disclosure Document, Wisconsin franchisees are entitled to specific protections regarding termination, cancellation, or significant changes in their competitive environment. Focus Cfo must provide at least 90 days' prior written notice if such actions are contemplated. This advance notice allows the franchisee time to prepare for the potential loss of their franchise and income. The notice must include all the reasons for the termination, cancellation, or change, providing the franchisee with a clear understanding of the grounds for the action.
Furthermore, the notice must grant the franchisee 60 days to address and correct any claimed deficiency, effectively giving them a chance to save their franchise if the issues are curable. If the franchisee successfully cures the deficiency within this period, the termination notice becomes void, and the franchise relationship continues. However, if the reason for termination is nonpayment, the franchisee has only 10 days to cure the deficiency, reflecting the urgency of financial obligations.
It's also important to note that Wisconsin's Fair Dealership Law (Ch. 135, Stats.) takes precedence over any conflicting terms in the Franchise Agreement or related contracts. This means that if any provision in the agreement is inconsistent with Wisconsin law, the state law will govern, providing additional protection to Focus Cfo franchisees in Wisconsin.