Are there any representations outside of the Focus Cfo Franchise Disclosure Document that are considered valid?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement, its attachments and the documents referred to herein shall be construed together and constitute the entire, full and complete agreement between Focus CFO and Franchisee concerning the subject matter hereof and shall supersede all prior agreements.
No other representations (other than those within Focus CFO's Franchise Disclosure Document), inducements, promises or agreements, oral or otherwise, between the parties not embodied herein, which are of any force or effect with respect to the matters set forth in or contemplated by this Agreement or otherwise.
No amendment, change or variance from this Agreement shall be binding on either party unless executed in writing by both parties; provided however Focus CFO may, from time to time and at its sole discretion, modify, revise, amend or change the Attachments attached hereto upon written notice to Franchisee.
Nothing in this Agreement, however, is intended to disclaim the representations Focus CFO has made in the Franchise Disclosure Document that we furnished to Franchisee.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, the franchise agreement constitutes the entire agreement between Focus Cfo and the franchisee. This means that only the representations within the Franchise Disclosure Document are considered valid.
Specifically, the document states that no other representations, inducements, promises, or agreements, whether oral or otherwise, that are not included in the Franchise Disclosure Document have any force or effect. This clause emphasizes that prospective franchisees should not rely on any claims or promises made by Focus Cfo representatives that are not explicitly written in the FDD or the franchise agreement itself.
However, the agreement can be modified if both parties agree to the changes in writing. Focus CFO retains the right to modify, revise, amend, or change the attachments to the agreement by providing written notice to the franchisee. This ensures that any changes are documented and agreed upon, maintaining the integrity of the agreement.
Furthermore, the agreement explicitly states that nothing within it is intended to disclaim the representations Focus CFO has made in the Franchise Disclosure Document provided to the franchisee. This reinforces the importance of the FDD as the primary source of information and representations upon which the franchise relationship is based.