Can Focus Cfo unreasonably withhold consent for a franchisee to relocate their business?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
We must approve any request to relocate your business. We will not unreasonably withhold our consent. The factors that we consider in approving the request to relocate include the proposed geography in which you desire to relocate and the potential market for clients.
Source: Item 12 — Territory (FDD pages 23–24)
What This Means (2025 FDD)
According to Focus Cfo's 2025 Franchise Disclosure Document, franchisees must obtain approval from Focus Cfo to relocate their business. However, Focus Cfo will not unreasonably withhold consent for relocation.
The factors that Focus Cfo will consider when evaluating a relocation request include the proposed new geography and the potential client market in that area. This means Focus Cfo assesses whether the new location makes business sense in terms of market opportunity and alignment with Focus Cfo's strategic goals.
This provision protects franchisees from arbitrary denials of relocation requests, but it also allows Focus Cfo to ensure that relocations are strategically sound and do not negatively impact the Focus Cfo brand or other franchisees. Franchisees should carefully consider these factors when proposing a relocation and be prepared to provide information supporting the potential of the new location.
It is important to note that while Focus CFO agrees not to unreasonably withhold consent, the FDD does not define what constitutes 'unreasonable withholding'. If Focus CFO denies a relocation request, the franchisee's recourse may be limited to enforcing the agreement, but they waive the right to claim money damages based upon any claim that Focus CFO has unreasonably withheld or delayed any consent or approval under this Agreement.