What does the Addendum state regarding electronic transmissions of executed copies for Focalpoint Coaching?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement may be executed in multiple copies, each of which will be deemed an original.
18. NOTICES AND PAYMENTS.
All written notices, reports, and payments permitted or required to be delivered by this Agreement or the Operations Manual will be deemed to be delivered:
- (a) at the time delivered by hand;
- (b) at the time delivered via computer transmission and, in the case of the Royalty, Fund contributions, and other amounts due, at the time Franchisor actually receives payment via the EDTA;
- (c) one (1) business day after transmission by facsimile or other electronic system if the sender has confirmation of successful transmission;
- (d) one (1) business day after being placed in the hands of a nationally recognized commercial courier service for next business day delivery; or
- (e) three (3) business days after placement in the United States Mail by Registered or Certified Mail, Return Receipt Requested, postage prepaid.
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 may be executed in multiple copies, each of which will be considered an original. Regarding notices and payments, the FDD states that written notices, reports, and payments are considered delivered at the time of delivery via computer transmission. Specifically, for royalties, fund contributions, and other amounts due, delivery is deemed to occur when Focalpoint Coaching actually receives payment via EDTA (Electronic Data Transfer Agreement).
Furthermore, the FDD clarifies that notices are considered delivered one business day after transmission by facsimile or other electronic system, provided the sender has confirmation of successful transmission. This indicates that Focalpoint Coaching accepts electronic methods for various communications and transactions, including the execution of the franchise agreement and the transmission of important notices and payments.
This policy benefits prospective Focalpoint Coaching franchisees by allowing for efficient and timely communication and transactions through electronic means. The ability to execute agreements in multiple copies and transmit notices and payments electronically can streamline the franchising process and reduce administrative burdens. However, it is crucial for franchisees to ensure they have confirmation of successful transmission for any documents sent via facsimile or other electronic systems to ensure timely delivery and avoid potential issues.