factual

Are there any geographic limitations on where jurisdiction or venue can be designated in the Focus Cfo Franchise Agreement?

Focus_Cfo Franchise · 2025 FDD

Answer from 2025 FDD Document

Any action brought by either party except those claims required to be submitted to arbitration, shall only be brought in the appropriate state court located in or serving Franklin County, Ohio.

The parties waive all questions of personal jurisdiction or venue for the purposes of carrying out this provision.

Claims for injunctive relief may be brought by Focus CFO where Franchisee is located.

This exclusive choice of jurisdiction and venue provision shall not restrict the ability of the parties to confirm or enforce judgments or arbitration awards in any appropriate jurisdiction.

Source: Item 23 — Receipts (FDD pages 37–126)

What This Means (2025 FDD)

According to the 2025 Focus Cfo Franchise Disclosure Document, the standard agreement dictates that any legal action, excluding those requiring arbitration, must be initiated in the appropriate state court located in or serving Franklin County, Ohio. This applies to actions brought by either Focus Cfo or the franchisee. Both parties agree to waive any objections regarding personal jurisdiction or venue to uphold this provision. However, Focus Cfo retains the right to pursue claims for injunctive relief in the jurisdiction where the franchisee is located. This jurisdiction and venue provision does not prevent either party from enforcing judgments or arbitration awards in any suitable jurisdiction.

However, the FDD also indicates that there are exceptions to this rule for franchisees residing in North Dakota. For these franchisees, any legal action, again excluding those subject to arbitration, must be brought in the appropriate state or federal court within North Dakota. Similar to the standard agreement, Focus Cfo can bring claims for injunctive relief where the North Dakota franchisee is located, and the parties retain the right to enforce judgments or arbitration awards in any appropriate jurisdiction.

In practical terms, this means that if a prospective franchisee is not located in North Dakota, they may have to travel to Franklin County, Ohio, for any legal disputes with Focus Cfo, which could increase legal costs. Conversely, North Dakota franchisees will have the benefit of resolving disputes in their home state. Franchisees should consider these jurisdictional clauses and their potential impact when evaluating the Focus Cfo franchise opportunity.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.