What specific information must be included in the notice of termination, cancellation, or substantial change in competitive circumstances provided to Focus Cfo franchisees in Wisconsin?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
The following statements are added to Item 17 of this Disclosure Document:
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- For all franchisees residing in the State of Wisconsin, we will provide you at least 90 days' prior written notice of termination, cancellation or substantial change in competitive circumstances. The notice will state all the reasons for termination, cancellation or substantial change in competitive circumstances and will provide that you have 60 days in which to cure any claimed deficiency. If this deficiency is cured within 60 days, the notice will be void. If the reason for termination, cancellation or substantial change in competitive circumstances is nonpayment of sums due under the franchise, you will have 10 days to cure the deficiency.
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- For Wisconsin franchises, Ch. 135, Stats., the Wisconsin Fair Dealership Law, supersedes any provisions of the Franchise Agreement or a related contract which is inconsistent with the Law.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to Focus Cfo's 2025 Franchise Disclosure Document, Wisconsin franchisees are entitled to specific protections regarding termination, cancellation, or changes in competitive circumstances. Focus Cfo must provide at least 90 days' prior written notice if they intend to terminate, cancel, or substantially change the competitive circumstances of a Wisconsin-based franchise. This advance notice is designed to give the franchisee time to prepare for the potential loss of their franchise and income. The notice must explicitly state all the reasons for the intended action, ensuring the franchisee understands the basis for the decision.
The notice to a Focus Cfo franchisee in Wisconsin must also include a provision allowing the franchisee 60 days to cure any claimed deficiency, effectively giving them a chance to rectify the issues that led to the notice. If the franchisee successfully addresses the deficiency within this 60-day period, the termination notice becomes void, and the franchise relationship continues. This cure period provides a safety net for franchisees who may have unintentionally violated the agreement or faced unforeseen challenges.
However, there is an exception to the 60-day cure period. If the reason for the termination, cancellation, or substantial change is due to nonpayment of sums owed to Focus Cfo under the franchise agreement, the franchisee has only 10 days to cure the deficiency. This shorter cure period reflects the urgency associated with financial obligations and the potential impact of nonpayment on the franchisor's business. Furthermore, the Wisconsin Fair Dealership Law supersedes any conflicting provisions in the Franchise Agreement, providing additional protection to Wisconsin franchisees.