Under the Maryland Franchise Registration and Disclosure Law, are provisions requiring Focus Cfo franchisees to file lawsuits in Ohio enforceable?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
uire Franchisee to disclaim the occurrence of or acknowledge the non-occurrence of acts that would constitute a violation of the Maryland Franchise Registration and Disclosure Law are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
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- Any provisions in the Disclosure Document or the Franchise Agreement requiring Franchisee to file any lawsuit in a court in the State of Ohio may not be enforceable under the Maryland Franchise Registration and Disclosure Law.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, any provisions in the document or the Franchise Agreement that require a franchisee to file a lawsuit in Ohio may not be enforceable under Maryland Franchise Registration and Disclosure Law. Franchisees have the right to sue in Maryland for claims arising under this law. Item 17 of the Disclosure Document and Section 17.2 of the Franchise Agreement are amended to align with Maryland law. This Maryland notice applies only to franchisees who are residents of Maryland or locate their franchises in Maryland.
Specifically, Section 17.1 of the Franchise Agreement is amended to allow franchisees to bring lawsuits in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law. Section 17.2 is also amended to allow franchisees to file lawsuits against Focus Cfo in Maryland for claims arising under the same law. Additionally, Section 17.4 is amended to ensure that any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years of the Franchise Agreement date.
Furthermore, any representations requiring a franchisee to assent to a release, estoppel, or waiver of liability will not act as such under the Maryland Franchise Registration and Disclosure Law. Any general release required for renewal, sale, assignment, or transfer will also not apply to any liability under this law. This ensures that Focus Cfo franchisees in Maryland retain their rights and protections under Maryland law, regardless of conflicting provisions in the standard Franchise Agreement.