What condition applies to the arbitration site for Focalpoint Coaching franchisees in North Dakota?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
- Arbitration. The following language is added to the end of Section 17.E of the Franchise Agreement:
However, to the extent required by the North Dakota Franchise Investment Law (unless preempted by the Federal Arbitration Act), arbitration will be at a site to which we and you mutually agree.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, a specific condition applies to the arbitration site for franchisees in North Dakota. To the extent required by the North Dakota Franchise Investment Law, unless preempted by the Federal Arbitration Act, the arbitration will occur at a site mutually agreed upon by both Focalpoint Coaching and the franchisee. This stipulation is added to Section 17.E of the Franchise Agreement.
This condition means that while Focalpoint Coaching's standard franchise agreement might specify a particular location or method for arbitration, North Dakota franchisees have the right to negotiate the arbitration site. This protection is afforded by North Dakota state law, ensuring that the arbitration process is fair and convenient for both parties. The condition is in place unless federal law overrides the state law.
For a prospective Focalpoint Coaching franchisee in North Dakota, this is a beneficial clause. It allows for a discussion about the arbitration location, potentially saving on travel costs and ensuring a more accessible venue. However, it's important to note that reaching a mutual agreement is necessary, and if an agreement cannot be reached, the standard terms of the Franchise Agreement might apply, or legal intervention may be required to resolve the dispute.
It is also important to note that the North Dakota Franchise Investment Law may modify other sections of the franchise agreement, including consent to jurisdiction and limitation of claims.