Can Focus Cfo terminate the agreement if a franchisee engages in behavior which is exploitive?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
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 the 2025 Focus Cfo Franchise Disclosure Document, Focus Cfo can terminate the franchise agreement immediately if a franchisee engages in exploitive behavior. Specifically, Focus Cfo has the right to terminate the agreement for cause, effective immediately upon written notice to the franchisee, specifying the circumstances.
"Cause" is defined to include a franchisee engaging in behavior that caused physical, mental, or emotional harm to an individual or property, or behavior which is coercive, threatening, abusive, exploitive, or harassing, or which is otherwise inappropriate in a workplace or professional environment. This means that if a Focus Cfo franchisee is found to have engaged in such behavior, Focus Cfo can terminate the agreement without providing an opportunity to cure the behavior.
This clause protects the reputation and goodwill of the Focus Cfo brand by ensuring that franchisees adhere to professional and ethical standards. It also provides Focus Cfo with a mechanism to quickly address and rectify situations where a franchisee's behavior is harmful or inappropriate. This is a fairly standard clause in franchise agreements, as franchisors need to protect their brand from damage caused by franchisee misconduct.