Can Focus Cfo terminate the agreement if a franchisee engages in behavior which is harassing?
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 Focus Cfo's 2025 Franchise Disclosure Document, Focus CFO can terminate the franchise agreement immediately if a franchisee engages in harassing behavior. Specifically, Focus CFO can terminate the agreement for cause if the franchisee engages in behavior that causes physical, mental, or emotional harm to an individual or property, or behavior that is coercive, threatening, abusive, exploitive, or harassing, including sexual, verbal, or physical harassment, or which is otherwise inappropriate in a workplace or professional environment.
This clause gives Focus CFO broad authority to terminate the agreement if a franchisee's behavior is deemed inappropriate or harmful. This protects the brand's reputation and the well-being of other franchisees, employees, and clients. It is important to note that Focus CFO can terminate the agreement immediately upon written notice, specifying the particulars of the circumstances forming the basis for cause.
For a prospective franchisee, this means they must maintain a professional and respectful environment in all business dealings. Any form of harassment or inappropriate behavior could lead to immediate termination of the franchise agreement. Franchisees should ensure they and their employees understand and adhere to these standards to avoid potential termination and legal ramifications.