Does the Focalpoint Coaching addendum change the original Franchise Agreement, and if so, how?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
TED: | | | (IF YOU ARE TAKING THE | | | FRANCHISE INDIVIDUALLY AND | | | NOT AS A LEGAL ENTITY): | | | [Signature of individual franchisee] | | | Print Name: | | | DATED: | | | | | | [Signature of individual franchisee] | | | Print Name: | | | DATED: |
NEW YORK REPRESENTATIONS PAGE
THE FRANCHISOR REPRESENTS THAT THIS PROSPECTUS DOES NOT KNOWINGLY OMIT ANY MATERIAL FACT OR CONTAIN ANY UNTRUE STATEMENT OF A MATERIAL FACT.
FocalPoint Coaching Inc. FocalPoint – 03/2025 Unit FDD
EXHIBIT I
AREA REPRESENTATIVE ADDENDUM TO FRANCHISE AGREEMENT
FOCALPOINT COACHING, INC. AREA REPRESENTATIVE ADDENDUM TO FRANCHISE AGREEMENT
| THIS | AREA | REPRESENTATIVE | ADDENDUM | TO | THE | FRANCHISE | |
|---|---|---|---|---|---|---|---|
| AGREEMENT (this "Addendum") is entered into this day of, 20 (the | |||||||
| "Effective Date") by and between FOCALPOINT COACHING, INC., a Nevada corporation | |||||||
| ("Franchisor"), and, an ("Franchisee"). |
RECITALS
WHEREAS, Franchisee and Franchisor are parties to that certain Area Representative Agreement dated of even date herewith (the "Area Representative Agreement"), for the operation of a FocalPoint area representative business;
WHEREAS, pursuant to the Area Representative Agreement, Franchisee must own and operate at least one (1) FocalPoint Franchised Business throughout the term of the Area Representative Agreement;
WHEREAS, concurrently with signing this Addendum, Franchisee and Franchisor have entered into that certain Franchise Agreement dated of even date herewith (the "Franchise Agreement"), for the operation of the Franchised Business; and
WHEREAS, Franchisor and Franchisee now desire to modify the Franchise Agreement, subject to the terms and conditions set forth in this Addendum.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, and the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
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- Recitations. The foregoing recitations of fact are true and correct and are incorporated herein by this reference. All initial capitalized terms used but not defined in this Addendum shall have the meanings set forth in the Franchise Agreement. This Addendum is annexed to and forms part of the Franchise Agreement. All references in this Addendum to "Section" shall mean the applicable Section of the Franchise Agreement. Except as provided in this Addendum, the Franchise Agreement remains in full force and effect as originally written. If there is a conflict between the terms of the Franchise Agreement and the terms of this Addendum, the terms of this Addendum shall control.
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- Waiver of Certain Fees under the Franchise Agreement. Notwithstanding anything to the contrary in the Franchise Agreement, during such time as the Area Representative Agreement remains in effect, Franchisee shall not be required to pay the following fees payable under the Franchise Agreement: Section 3.A (the initial franchise fee); Section 3.B (Royalty), Section 3.D (Technology Fee); Section 3.E (Regional Setup Fee); Section 3.F (Conference Registration Fee); Section 3.G (Initial Marketing Fee); and Section 9.A (contributions to the Fund). Notwithstanding the foregoing, if Area Representative hires or retains an Associate, then Area
FocalPoint Coaching, Inc. FocalPoint – 03/2025 Unit FDD
Representative must pay all fees applicable for each Associate as required under the Franchise Agreement. In the event the Area Representative Agreement terminates or expires during the term of the Franchise Agreement, the temporary waiver under this Section shall expire and Franchisee shall immediately commence to pay Franchisor the Royalties, Technology Fees, Conference Registration Fees and Fund contributions in accordance with the terms of the Franchise Agreement.
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- No Other Modifications.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, the franchise agreement can be modified by addenda. The specific changes depend on the addendum in question, as there are multiple addenda that can be included.
For example, the Area Representative Addendum to Franchise Agreement outlines modifications applicable to Area Representatives. Specifically, during the time the Area Representative Agreement is in effect, the franchisee is not required to pay certain fees, including the initial franchise fee, royalty, technology fee, regional setup fee, conference registration fee, initial marketing fee, and contributions to the fund. However, if the Area Representative hires an associate, they must pay all fees applicable for each associate as required under the Franchise Agreement. If the Area Representative Agreement terminates, the temporary waiver expires, and the franchisee must immediately commence paying royalties, technology fees, conference registration fees, and fund contributions.
The Washington Addendum modifies the Franchise Agreement for franchisees located in Washington. This addendum removes certain sections of the agreement entirely and revises others. It also stipulates that Focalpoint Coaching will not require or accept payment of any initial franchise fees until the franchisee has received all pre-opening and initial training and is open for business. Furthermore, it states that in the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act will prevail.
The California Addendum addresses specific requirements under California franchise law. It states that payment of all initial fees is postponed until after all of Focalpoint Coaching's initial obligations are complete and the franchisee commences doing business. These addenda demonstrate how the Franchise Agreement can be altered to accommodate specific circumstances or legal requirements.