Can the Focalpoint Coaching addendum be executed in counterparts?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
to us under this Agreement until all of our pre-opening obligations have been satisfied and you commence doing business under this Agreement.
- No Waiver of Disclaimer of Reliance. 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 any other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
[Signatures on following page]
What This Means (2025 FDD)
Based on the 2025 Focalpoint Coaching Franchise Disclosure Document, there is no explicit mention of whether the Area Representative Addendum can be executed in counterparts. However, several state-specific addenda (such as those for Maryland, New York, Virginia, and Washington) include signature blocks for both Focalpoint Coaching and the franchisee, with the statement "IN WITNESS WHEREOF, the parties have executed and delivered this Rider effective on the Agreement Date." This suggests a standard execution process for addenda.
While the FDD does not directly address counterpart execution for the Area Representative Addendum, the presence of signature blocks and execution statements in other addenda indicates a formal agreement process. Typically, franchise agreements and addenda require signatures from both the franchisor and the franchisee to be legally binding. The inclusion of these signature blocks implies that both parties must formally agree to the terms outlined in the addendum.
To clarify whether the Area Representative Addendum can be executed in counterparts, a prospective Focalpoint Coaching franchisee should directly ask the franchisor. Specifically, they should inquire about the permissibility of signing separate copies of the addendum, which, when taken together, constitute a fully executed agreement. This is a common practice in contract law that allows parties in different locations to sign the same agreement without needing to physically exchange a single document. This confirmation would provide clarity and ensure compliance with Focalpoint Coaching's specific requirements for executing the Area Representative Addendum.