For how long does the Force Majeure exception apply to the Focus Cfo franchisee?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.11. Force Majeure. Neither Franchisee nor Focus CFO shall be deemed to be in default of any provision of this Agreement for failures in performance, resulting from acts or events beyond its reasonable control (a "Force Majeure Event") for the duration of the Force Majeure Event. Such Force Majeure Events shall include but are not limited to acts of God, civil or military authority, terrorists, civil disturbance, war, strikes, fires, other catastrophes, labor disputes, epidemics, pandemics, quarantine restrictions or other events beyond Focus CFO and Franchisee's reasonable control.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, neither the franchisee nor Focus Cfo will be considered in default of the Franchise Agreement for failures in performance resulting from events beyond their reasonable control, defined as a "Force Majeure Event." The Force Majeure exception applies for the duration of the Force Majeure Event.
These Force Majeure Events include, but are not limited to, acts of God, civil or military authority, terrorists, civil disturbance, war, strikes, fires, other catastrophes, labor disputes, epidemics, pandemics, quarantine restrictions, or other events beyond Focus Cfo and the franchisee's reasonable control. This means that if a franchisee's ability to perform their obligations under the agreement is hindered by one of these events, they will not be penalized for the length of time that event persists.
This clause protects both Focus Cfo and its franchisees from unforeseen circumstances that could disrupt business operations. It is a fairly standard clause in franchise agreements, designed to provide some flexibility and understanding during extraordinary events. Franchisees should be aware of what constitutes a Force Majeure Event and how to properly document and notify Focus Cfo of such events to ensure they are protected under this provision.