What is the relationship between the 'Franchisee IP' and the Focus Cfo System or Confidential Information?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
any client any information or data the disclosure of which would constitute a violation of any obligation to, or infringe on the rights of, any third party.
- 15.7. Focus CFO agrees and understands that Franchisee is in the business of marketing and offering CFO Services and in connection therewith, Franchisee owns various preexisting materials, tools, methodologies and know-how used to market and offer CFO Services and may develop after the Effective Date additional materials, tools, methodologies and know-how used to market and offer Chief Financial Officer services unrelated to the Focus CFO System or Confidential Information (the "Franchisee IP"), which shall remain the sole and exclusive property of Franchisee. With the exception of the Franchisee IP, Focus CFO is and will be the exclusive owner and deemed author of all information or materials developed, created or required to be delivered to Focus CFO or a Focus CFO client by Franchisee in marketing or offering the CFO Services, including but not limited to reports, data, insights, materials, physical media, information, goods, notes, deliverables, designs, findings, evaluations, plans, processes, software, source code, object code, documentation, and any other information or materials of any kind, whether or not completed, together with all modifications, revisions, changes, copies, partial copies, translations, compilations and derivative works of the foregoing (herein the "Work Product"), and will have the exclusive worldwide right as between the parties to secure or claim copyright, patent, trademark or other intellectual property rights and protection,
whether registered or unregistered and including all rights of registrations, applications and renewals thereof (herein "IP Rights") with respect thereto. Franchisee hereby assigns to Focus CFO, and to the extent it is unable to do so, waives, all of Franchisee's right, title and interest worldwide in and to the Work Product (including any IP Rights), and will execute such documents as Focus CFO may reasonably request to effectuate Focus CFO's IP Rights in the Work Product.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to Focus Cfo's 2025 Franchise Disclosure Document, a franchisee may possess pre-existing materials, tools, methodologies, and know-how to market and offer CFO services, or they may develop additional ones after the agreement's effective date. These, if unrelated to the Focus CFO System or Confidential Information, are termed "Franchisee IP" and remain the franchisee's exclusive property.
However, all information or materials developed, created, or required to be delivered to Focus CFO or a Focus CFO client by the franchisee in marketing or offering CFO Services, with the exception of the Franchisee IP, becomes the exclusive property of Focus CFO. This includes reports, data, insights, materials, physical media, information, goods, notes, deliverables, designs, findings, evaluations, plans, processes, software, source code, object code, documentation, and any other information or materials of any kind. Focus CFO has the right to secure or claim copyright, patent, trademark, or other intellectual property rights and protection for these items.
To the extent that any Franchisee IP is incorporated into the Work Product or otherwise provided to Focus CFO, the franchisee grants Focus CFO a perpetual, non-exclusive, worldwide, royalty-free, irrevocable license to use, copy, reproduce, distribute, disclose, and create derivative works of the Franchisee IP. This license includes the right to sublicense the Franchisee IP for Focus CFO and its affiliates' present and future business operations, including to support the Chief Financial Officer services provided to Focus CFO clients. The franchisee represents and warrants that it has all authority necessary to grant this license.