Are the rights and remedies in the Focus Cfo agreement exclusive, or are they in addition to other rights and remedies?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, the rights and remedies conferred to Focus Cfo or the franchisee are not intended to be exclusive. Instead, they are in addition to any other right or remedy provided by the agreement, law, or equity. This means that neither Focus Cfo nor the franchisee waives any legal rights or remedies they may have outside of those specifically listed in the franchise agreement.
This section of the Focus Cfo franchise agreement also states that Focus Cfo has the right to seek injunctive relief against any actions that may cause loss or damages, including obtaining restraining orders and preliminary and permanent injunctions. Injunctive relief is a court order that requires a party to do or cease doing a specific action. This can be a powerful tool for Focus Cfo to protect its brand and business interests.
Additionally, any claim concerning the Focus Cfo franchise, the franchise business, the agreement, or any related agreement will be barred unless an action for a claim is commenced within one year from the date on which the franchisee or franchisor knew or should have known of the facts giving rise to the claim. This means a franchisee needs to act quickly if they believe Focus Cfo has violated the agreement. This limitation of claims is a relatively common provision in franchise agreements, as it provides a defined window for resolving disputes.