Does the Focalpoint Coaching agreement specify that advertising contracts are considered the Franchisor's property?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
All ideas, concepts, techniques, or materials relating to a FocalPoint Franchised Business, whether or not protectable intellectual property and whether created by or for Franchisee or Franchisee's owners or employees, must be promptly disclosed to Franchisor and will be deemed to be Franchisor's sole and exclusive property, part of the Franchise System, and works madefor-hire for Franchisor. To the extent that any item does not qualify as a "work made-for-hire" for Franchisor, by this paragraph Franchisee assigns ownership of that item, and all related rights to that item, to Franchisor, hereby waives all moral rights in that item, and hereby agrees to take whatever action Franchisor requests to evidence Franchisor's ownership or to help Franchisor obtain intellectual property rights in the item (including signing assignment or other documents, and causing Franchisee's owners, employees and contractors to do the same). Franchisee may not use any such idea, concept, technique or material in connection with the Franchised Business without Franchisor's prior approval.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, all ideas, concepts, techniques, or materials relating to a Focalpoint Coaching Franchised Business, whether or not they are protectable intellectual property, are deemed the franchisor's sole and exclusive property. This includes anything created by or for the franchisee, their owners, or employees.
This means that any advertising contracts, as materials relating to the Focalpoint Coaching business, would be considered the franchisor's property. The franchisee must promptly disclose any such materials to Focalpoint Coaching. The agreement specifies that these items are considered "works made-for-hire" for the franchisor.
The franchisee is prohibited from using any idea, concept, technique, or material related to the franchised business without prior approval from Focalpoint Coaching. This ensures that Focalpoint Coaching maintains control over its brand and franchise system, and that franchisees adhere to the established standards and practices.