Which item in the Focus Cfo Disclosure Document covers dispute resolution?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: Receipts]
17. DISPUTE RESOLUTION
17.1. Choice of Law. 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.
- 17.2.
Consent to Jurisdiction.
Any action brought by either party except those claims required to be submitted to arbitration, shall only be brought in the appropriate state court located in or serving Franklin County, Ohio.
The parties waive all questions of personal jurisdiction or venue for the purposes of carrying out this provision.
Claims for injunctive relief may be brought by Focus CFO where Franchisee is located.
This exclusive choice of jurisdiction and venue provision shall not restrict the ability of the parties to confirm or enforce judgments or arbitration awards in any appropriate jurisdiction.
- 17.3.
Cumulative Rights and Remedies.
No right or remedy conferred upon or reserved to Focus CFO or Franchisee by this Agreement is intended to be, nor shall be deemed, exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be in addition to every other right or remedy.
Nothing contained herein shall bar Focus CFO's right to obtain injunctive relief against threatened conduct that may cause it loss or damages, including obtaining restraining orders and preliminary and permanent injunctions.
- 17.4.
Limitation of Claims.
Any claim concerning the Franchise, the franchise business or this Agreement or any related agreement will be barred unless an action for a claim is commenced within one (1) year from the date on which Franchisee or Franchisor knew or should have known, in the exercise of reasonable diligence, of the facts giving rise to the claim.
- 17.5.
Limitation of Damages.
Focus CFO and Franchisee each waive, to the fullest extent permitted by law, any right or claim for any punitive damages against the other and agree that if there is a dispute with the other, each will be limited to the recovery of actual damages sustained by it including reasonable accounting and legal fees.
Franchisee waives and disclaims any right to consequential damages in any action or claim against Focus CFO concerning this Agreement or any related agreement.
In any claim or action brought by Franchisee against Focus CFO concerning this Agreement (other than a claim for the failure to pay any compensation due Franchisee), Franchisee's contractual damages shall not exceed and shall be limited to refund of the Franchise Fee.
- 17.6.
Waiver of Jury Trial.
FRANCHISEE AND FOCUS CFO EACH IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, WHETHER AT LAW OR EQUITY, BROUGHT BY EITHER OF THEM.
- 17.7.
Arbitration.
This Agreement evidences a transaction involving commerce and, therefore, the Federal Arbitration Act, Title 9 of the United States Code is applicable to the subject matter contained herein.
Except for controversies or claims relating to the ownership of any and all intellectual property rights, including, but not limited to, Focus CFO's Marks, copyrights or the unauthorized use or disclosure of Focus CFO's
Confidential Information, covenants against competition and other claims for injunctive relief, or amounts owed by Franchisee to Focus CFO, all disputes arising out of or relating to this Agreement or to any other agreements between the parties, or with regard to interpretation, formation or breach of this or any other agreement between the parties, shall be settled by binding arbitration conducted in Franklin County, Ohio, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect.
Source: Item 9 — Franchisee's Obligations (FDD page 16)
What This Means (2025 FDD)
According to Focus Cfo's 2025 Franchise Disclosure Document, Item 17 outlines the dispute resolution process. This section specifies that Ohio law governs the agreement, except where federal law applies, such as the U.S. Trademark Act or the Federal Arbitration Act. Any legal actions, excluding those requiring arbitration, must be initiated in the state court serving Franklin County, Ohio, with both parties consenting to jurisdiction there. Focus CFO, however, can pursue injunctive relief claims where the franchisee is located.
Item 17 also clarifies that the rights and remedies available to both Focus Cfo and the franchisee are cumulative, meaning they can be used in conjunction with other legal options. There is a one-year limitation on claims, requiring that any action related to the franchise, the business, or the agreement must be started within one year of when the party knew or should have known about the facts leading to the claim.
Furthermore, Focus Cfo and the franchisee waive any right to punitive damages and agree to limit recovery to actual damages, including reasonable accounting and legal fees. The franchisee also waives the right to consequential damages. Except for disputes over intellectual property, covenants against competition, claims for injunctive relief, or amounts owed to Focus Cfo, all disputes will be settled through binding arbitration in Franklin County, Ohio, following the Commercial Arbitration Rules of the American Arbitration Association. Both Focus Cfo and the franchisee irrevocably waive their right to a jury trial in any action.