What agreements must the Business Manager and assistant managers of a Focalpoint Coaching franchise agree to in writing?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
se. If you are a corporation, partnership, limited liability company, or other entity, your owners must sign our "Guaranty and Assumption of Obligations," which means that all of our Franchise Agreement's provisions (Exhibit B) also will apply to your owners. (See Item 15)
We are a Nevada corporation formed on March 14, 2008. Our principal business address is 2831 St. Rose Parkway, Suite 234, Henderson, Nevada 89052. We operate under our corporate name, "FocalPoint Coaching®" and no other name. We currently have no parents or predecessors required to be included in this Item. If we have an agent in your state for service of process, we disclose that agent in Exhibit A.
We grant franchises for businesses operating under the "FocalPoint Coaching®" name and other Marks. (For reference purposes in this Disclosure Document, we call the businesses in our system "FocalPoint Franchised Businesses";
Source: Item 15 — Obligation to Participate in the Actual Operation of the Franchise Business (FDD page 42)
What This Means (2025 FDD)
Based on the 2025 FocalPoint Coaching Franchise Disclosure Document, if the franchisee is a corporation, partnership, limited liability company, or other entity, the owners must sign FocalPoint Coaching's "Guaranty and Assumption of Obligations." This agreement ensures that all provisions of the Franchise Agreement also apply to the owners of the entity. This requirement ensures that the obligations and responsibilities outlined in the Franchise Agreement are not only binding on the business entity but also on the individuals who own and control it. This is a common practice in franchising to ensure accountability and commitment from the ownership level.
Additionally, the franchisee must keep FocalPoint Coaching informed of the identity of any supervisory employees acting as the Business Manager or other assistant managers of the Franchised Business. The franchisee (or the Managing Owner) and/or the Business Manager must devote full time and efforts to the management and supervision of the Franchised Business. If the franchisee (or Managing Owner) owns more than one FocalPoint Franchised Business, each location must be under the direct supervision of a business manager that FocalPoint Coaching has approved and who has completed FocalPoint Coaching's training programs.
While the FDD excerpt specifies that the owners of a franchisee entity must sign a "Guaranty and Assumption of Obligations" agreement, it does not explicitly state that the Business Manager or assistant managers are required to sign any specific written agreements. However, the document emphasizes the importance of their training and supervision, suggesting that they are subject to the franchisor's standards and guidelines. A prospective franchisee should confirm with FocalPoint Coaching whether the Business Manager or assistant managers are required to sign any agreements, such as confidentiality, non-compete, or operational compliance agreements, to fully understand their obligations and responsibilities.