Are client solicitation programs used by Focalpoint Coaching considered Confidential Information?

According to Focalpoint Coaching's 2025 Franchise Disclosure Document, client solicitation, communication, and retention programs are considered Confidential Information. This extends to data and information used or generated in connection with those programs. This designation means that Focalpoint Coaching franchisees are obligated to protect this information and can only use it as specified by Focalpoint Coaching during the term of their agreement.

This confidentiality requirement has several implications for franchisees. They cannot use this information in any other business or capacity, and they must keep it absolutely confidential both during the agreement term and afterward, as long as the information is not generally known in the business training and consulting industry. Franchisees are also prohibited from selling, trading, or profiting from this Confidential Information, including client data, unless specifically authorized by Focalpoint Coaching.

To ensure compliance, Focalpoint Coaching franchisees must implement reasonable procedures to prevent unauthorized use or disclosure of Confidential Information. This includes restricting disclosure to necessary personnel and using non-disclosure and non-competition agreements with those who have access to the information. Focalpoint Coaching retains the right to regulate the form of these agreements and act as a third-party beneficiary with independent enforcement rights.

However, the FDD also specifies exceptions to what is considered Confidential Information. Information that a franchisee can demonstrate was already known to them, or was already generally known in the industry before disclosure by Focalpoint Coaching, or becomes generally known afterward without violating any obligations to Focalpoint Coaching, is not considered Confidential Information. The burden of proof lies with the franchisee to demonstrate that any of these exclusions apply.