How long does a Focus Cfo franchisee have to cure a termination notice in Minnesota?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
- 11.2.
Termination by Franchisor for Cause.
Focus CFO has the right to terminate this Agreement effective immediately for cause upon written notice to Franchisee specifying the particulars of the circumstances forming the basis for cause.
For purposes of this Agreement, "Cause" is defined as: (i) Franchisee becomes insolvent; (ii) Franchisee files a petition in bankruptcy; (iii) Franchisee makes an assignment for the benefit of its creditors; (iv) Franchisee takes action or inaction that defames or disparages Focus CFO; (v) Franchisee engages in any act of dishonesty, misrepresentation, material neglect of duty, or willful misconduct in connection with the performance of Franchisee's duties or responsibilities required pursuant to this Agreement; (vi) Franchisee engages in any behavior that caused physical, mental or emotional harm to an individual or property or behavior which is coercive, threatening, abusive, exploitive, harassing (including sexual, verbal or physical harassment) or which is otherwise inappropriate in a workplace or professional environment; (vii) Franchisee makes any unauthorized use of the Focus CFO Marks or unauthorized use or disclosure of any confidential information of Focus CFO; (viii) Franchisee engages in or is accused of the commission of an act or omission constituting or involving fraud, embezzlement or other crime which could affect the reputation of Focus CFO, the Focus CFO System or the Focus CFO Marks or Franchisee is charged with or indicted for a felony, or convicted of a misdemeanor offense involving moral turpitude; or (ix) Franchisee fails to comply with any applicable federal, state or local regulations or laws relating to the Franchise, the CFO Services or Focus CFO's business.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to Focus Cfo's 2025 Franchise Disclosure Document, a franchisee typically has thirty (30) days from the receipt of a default notice to cure any breach of the Franchise Agreement. This cure period applies to breaches of the agreement itself or any other agreement with Focus CFO or its affiliates. If the franchisee fails to remedy the breach within this 30-day window, Focus CFO has the right to terminate the agreement with written notice, without offering any further opportunity to correct the issue. This standard cure period applies unless otherwise specified in section 11.2 of the franchise agreement.
However, there's a specific clause regarding failure to meet performance standards. Focus CFO will provide written notice if a franchisee fails to meet these standards, as outlined in Attachment E of the Franchise Agreement. The franchisee then has thirty (30) days to correct the deficiency. If the failure continues beyond this cure period, or if the franchisee accumulates three violations of any combination of performance standards detailed in Attachment E, Focus CFO can terminate the agreement with written notice, again without any further opportunity to cure the issues.
It's important to note that Focus CFO can terminate the agreement immediately for cause, as defined in section 11.2, upon written notice specifying the reasons for termination. These causes include events such as insolvency, bankruptcy, actions that defame Focus CFO, dishonesty, or failure to comply with applicable regulations. In these 'for cause' scenarios, the franchisee does not have the standard 30-day cure period, and termination is effective immediately upon notice.
While the FDD outlines the general cure periods and termination conditions, it does not specify whether these terms are modified or superseded by Minnesota state law. A prospective Focus Cfo franchisee in Minnesota should consult with a legal professional to understand if Minnesota law provides any additional or different rights regarding termination and cure periods.