Are Focus Cfo's rights to damages cumulative with other remedies under the agreement?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
hisee or the Focus CFO client, pay directly to Focus CFO the termination fee which is set forth in the professional service agreement with the Focus CFO client. Franchisee acknowledges and agrees Focus CFO's damages and lost opportunities upon termination of the Agreement will be difficult to ascertain and that the fee which has been agreed to between the Focus CFO client and Focus CFO is a reasonable estimate thereof and does not constitute a penalty or forfeiture. Franchisee also acknowledges that the minimum termination fee outlined in these agreements with Focus CFO clients is Eighty Thousa
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 FDD, Focus Cfo's right to damages is cumulative with all other available remedies under the franchise agreement. This means that if a franchisee breaches the agreement, Focus Cfo can pursue multiple avenues of compensation and legal recourse simultaneously, rather than being limited to a single remedy.
This provision is further reinforced by section 17.3 of the FDD, which states that no right or remedy conferred upon or reserved to Focus CFO or the franchisee is intended to be exclusive of any other right or remedy provided by law or equity. Each right or remedy shall be in addition to every other right or remedy. This ensures Focus Cfo has access to a broad range of legal and equitable options to address any breach or violation of the franchise agreement.
For a prospective franchisee, this clause highlights the importance of adhering to the franchise agreement. Breaching the agreement could expose the franchisee to multiple forms of legal action and financial penalties. It is advisable to fully understand the terms and conditions of the agreement and seek legal counsel to assess the potential risks and obligations.