What claims does the Rider to the Focalpoint Coaching Franchise Agreement prevent a franchisee from waiving in Virginia?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, the Rider to the Franchise Agreement for franchisees in Virginia ensures that no statement, questionnaire, or acknowledgment signed by the franchisee can waive certain claims. Specifically, franchisees cannot waive claims under any applicable state franchise law, including claims of fraud in the inducement.
This provision is designed to protect Focalpoint Coaching franchisees in Virginia from inadvertently relinquishing their legal rights during the initial stages of the franchise relationship. It prevents the franchisor from using standardized documents to circumvent state franchise laws.
The rider explicitly states that this protection supersedes any other conflicting terms in any document executed in connection with the franchise. This reinforces the importance of the non-waiver provision and ensures that it takes precedence over any other agreements or acknowledgments that might suggest otherwise. Therefore, a Focalpoint Coaching franchisee in Virginia retains the right to pursue claims of fraud or violations of state franchise law, regardless of any statements made in questionnaires or acknowledgments.