Under what circumstances is the Focus Cfo addendum signed?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
ARYLAND ADDENDUM TO FOCUS CFO GROUP, LLC FRANCHISE AGREEMENT**
| CFO," | "Franchisor," | "Company", | "us", | "we" | or | "our"), | and |
|---|---|---|---|---|---|---|---|
| ("Franchisee," "you" or "your") as an Area | |||||||
| President. |
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- Background. Focus CFO and Franchisee are parties to that certain Franchise Agreement dated , 20 (the "Franchise Agreement") that has been signed concurrently with the signing of this Addendum. This Addendum is attached to and forms a part of the Franchise Agreement. This Addendum is being signed because (a) Franchisee is a resident of Maryland and the franchised business that Franchisee will operate under the Franchise Agreement will be located in Maryland and/or (b) any of the offering or sales activity relating to the Franchise Agreement occurred in Maryland.
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- Governing Law. Section 17.1 of the Franchise Agreement is amended to provide that you may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.
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- Jurisdiction. Section 17.2 of the Franchise Agreement is amended to provide that Franchisee may file any lawsuit against Focus CFO in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.
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- Limitation of Claims. Section 17.4 of the Franchise Agreement is amended to provide that any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three (3) years after the date of the Franchise Agreement.
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- Releases. All representations requiring that Franchisee or any prospective franchisee assent to a release, estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel or waiver of liability incurred under the Marland Franchise Registration and Disclosure Law. Further, any general release required as a condition of renewal, sale and/or assignment or transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
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- Deferral of Initial Fees. Based upon the franchisor's financial condition, the Maryland Securities Commissioner has required a financial assurance. Therefore, all initial fees and payments owed by franchisees shall be deferred until the franchisor completes its pre-opening obligations under the franchise agreement.
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- No Waiver. No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller,
or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
IN WITNESS WHEREOF, each of the undersigned hereby acknowledge having read this Addendum and understands and consents to be bound by all of its terms.
| Focus CFO Group, LLC | Franchise: | ||
|---|---|---|---|
| By: | By: | ||
| Its: | Its: | ||
| Dated: | Dated: |
NORTH DAKOTA ADDENDUM TO FOCUS CFO GROUP, LLC FRANCHISE AGREEMENT
| CFO," | "Franchisor," | "Company", | "us", | "we" | or | "our"), | and |
|---|---|---|---|---|---|---|---|
| ("Franchisee," "you" or "your") as an Area | |||||||
| President. |
-
- Background. Focus CFO and Franchisee are parties to that certain Franchise Agreement dated , 20 (the "Franchise Agreement") that has been signed concurrently with the signing of this Addendum. This Addendum is attached to and forms a part of the Franchise Agreement. This Addendum is being signed because (a) Franchisee is a resident of North Dakota and the franchised business that Franchisee will operate under the Franchise Agreement will be located in North Dakota and/or (b) any of the offering or sales activity relating to the Franchise Agreement occurred in North Dakota.
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- Releases. Section 2.3.A of the Franchise Agreement is deleted in its entirety.
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- Covenants Not to Compete. The following language is added to the end of Section 14.3:
Covenants not to compete such as those mentioned above are generally considered unenforceable in the State of North Dakota.
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- Arbitration. Section 18.7 of the Franchise Agreement is amended to provide that the location of arbitration shall be at a site to which Focus CFO and Franchisee agree.
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- Jurisdiction. Section 18.2 of the Franchise Agreement is deleted in its entirety and replaced with the following:
Any action brought by either party except those claims required to be submitted to arbitration, shall only be brought in the appropriate state or federal court located in North Dakota. Claims for injunctive relief may be brought by Focus CFO where Franchisee is located. This provision shall not restrict the ability of the parties to confirm or enforce judgments or arbitration awards in any appropriate jurisdiction.
- Governing Law. Section 18.1 of the Franchise Agreement is deleted in its entirety and replaced with the following:
Except to the extent this Agreement or any particular provision is governed by the U.S. Trademark Act of 1946 or other federal law, this Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota (without reference to its conflict of laws principles). The Federal Arbitration Act shall govern all matters subject to arbitration. References to any law refers also to any successor laws and to any published
regulations for such laws as in effect at the relevant time. References to a governmental agency also refer to any regulatory body that succeeds the function of such agency.
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- Waiver of Jury Trial. Section 18.6 of the Franchise Agreement is deleted in its entirety.
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- Waiver of Exemplary and Punitive Damages. Section 18.5 of the Franchise Agreement is deleted in its entirety.
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- Limitation of Claims. The following language is added to the end of Section 18.4:
The time limitations set forth in this subsection are hereby modified by the North Dakota Franchise Investment Law. The statute of limitations under North Dakota Law will apply.
IN WITNESS WHEREOF, each of the undersigned hereby acknowledge having read this Addendum and understands and consents to be bound by all of its terms.
| Focus CFO Group, LLC | Franchise: |
|---|---|
| By: | By: |
| Its: | Its: |
| Dated: | Dated: |
EXHIBIT J TO DISCLOSURE DOCUMENT
State Effective Dates
The following states have franchise laws that require that the Franchise Disclosure Document be registered or filed with the state, or be exempt from registration: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington and Wisconsin.
This document is effective and may be used in the following states, where the document is filed, registered or exempt from registration, as of the Effective Date, stated below:
| State | Effective Date |
|---|---|
| California | N/A |
| Hawaii | N/A |
| Illinois | Pending |
| Indiana | Pending |
| Maryland | Pending |
| Michigan | Pending |
| Minnesota | N/A |
| New York | N/A |
| North Dakota | Pending |
| Rhode Island | N/A |
| South Dakota | Pending |
| Virginia | Pending |
| Washington | N/A |
| Wisconsin | Pending |
Other states may require registration, filing, or exemption of a franchise under other laws, such as those that regulate the offer and sale of business opportunities or seller-assisted marketing plans.
RECEIPT
THIS DISCLOSURE DOCUMENT SUMMARIZES CERTAIN PROVISIONS OF THE FRANCHISE AGREEMENT AND OTHER INFORMATION IN PLAIN LANGUAGE. READ THIS DISCLOSURE DOCUMENT AND ALL AGREEMENTS CAREFULLY.
IF FOCUS CFO GROUP, LLC OFFERS YOU A FRANCHISE, FOCUS CFO MUST PROVIDE THIS DISCLOSURE DOCUMENT TO YOU 14 CALENDAR-DAYS BEFORE YOU SIGN A BINDING AGREEMENT WITH, OR MAKE A PAYMENT TO, THE FRANCHISOR OR AN AFFILIATE IN CONNECTION WITH THE PROPOSED FRANCHISE SALE UNLESS OTHERWISE STATED IN YOUR STATE'S ADDENDUM.
IF FOCUS CFO GROUP, LLC DOES NOT DELIVER THIS DISCLOSURE DOCUMENT ON TIME OR IF IT CONTAINS A FALSE OR MISLEADING STATEMENT, OR A MATERIAL OMISSION, A VIOLATION OF FEDERAL AND STATE LAW MAY HAVE OCCURRED AND SHOULD BE REPORTED TO THE FEDERAL TRADE COMMISSION, WASHINGTON, D.C. 20580 AND THE STATE ADMINISTRATOR LISTED IN EXHIBIT A.
Focus CFO Group, LLC's sales agent for this offering is David Tramontana, 575 Charring Cross Drive, Suite 102, Westerville, Ohio 43081, email: d.tramontana@focuscfo.com, phone 614-944-5760.
Issuance Date: April 14, 2025
I HAVE RECEIVED A UNIFORM FRANCHISE DISCLOSURE DOCUMENT INCLUDING THE FOLLOWING EXHIBITS ON THE DATE LISTED BELOW:
- A. LIST OF STATE ADMINISTRATORS; STATE DISCLOSURE DOCUMENT EFFECTIVE DATES
- B. LIST OF STATE AGENTS FOR SERVICE OF PROCESS
- C. FRANCHISE AGREEMENT
- D. FINANCIAL STATEMENTS
- E. FRANCHISEE DISCLOSURE QUESTIONNAIRE
| keep the other for your records. | Please sign and print your name below, date and return one copy of this receipt to Focus Group, LLC and | |----------------------------------|---------------------------------------------------------------------------------------------------------| | Date | Signature of Prospective Franchisee Print Name | Franchisor's Copy - You may return the signed receipt by signing, dating, and mailing it to Samantha Hurst, 575 Charring Cross Drive, Suite 102, Westerville, Ohio 43081, email: s.hurst@focuscfo.com, phone 614-944-5760.
RECEIPT
THIS DISCLOSURE DOCUMENT SUMMARIZES CERTAIN PROVISIONS OF THE FRANCHISE AGREEMENT AND OTHER INFORMATION IN PLAIN LANGUAGE.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, an addendum to the franchise agreement is signed under specific circumstances related to the franchisee's location or activities within certain states. For franchisees operating in Maryland, the addendum is required if the franchisee is a resident of Maryland, the franchised business will be located in Maryland, or any part of the franchise offering or sales activity occurred in Maryland. This addendum modifies certain sections of the franchise agreement to ensure compliance with the Maryland Franchise Registration and Disclosure Law. It addresses aspects such as governing law, jurisdiction, limitation of claims, and releases, and may also defer initial fees based on Focus Cfo's financial condition as required by the Maryland Securities Commissioner.
Similarly, for franchisees in Illinois, an addendum is signed if the franchisee is domiciled in Illinois, the franchise offer is made or accepted in Illinois, or the franchise business is or will be located in Illinois. This addendum clarifies that Illinois law governs the franchise agreement and addresses specific provisions of the Illinois Franchise Disclosure Act, such as those related to jurisdiction, venue, termination, and non-renewal rights. It also ensures that franchisees cannot waive compliance with the Illinois Franchise Disclosure Act or other Illinois laws.
For franchisees in North Dakota, the addendum is signed if the franchisee is a resident of North Dakota, the franchised business will be located in North Dakota, or any of the offering or sales activity occurred in North Dakota. This addendum modifies sections of the franchise agreement related to releases, covenants not to compete, arbitration, jurisdiction, and governing law to align with North Dakota law. Specifically, it notes that covenants not to compete are generally considered unenforceable in North Dakota and modifies the arbitration and jurisdiction clauses to specify North Dakota as the primary location for legal actions.