What is the consequence if a Focalpoint Coaching franchisee abandons the franchised business?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
penalty for early termination but instead reasonable compensation to Franchisor for Franchisee's failure to perform under this Agreement during the remainder of the Term.
B. MARKS.
When this Agreement expires or is terminated:
(1) Franchisee may not directly or indirectly at any time or in any manner (except with other FocalPoint Franchised Businesses Franchisee owns and operates) identify itself or any business as a current or former FocalPoint Franchised Business or as one of Franchisor's current or former franchise owners; use any Mark, any colorable imitation of a Mark, or other indicia of a FocalPoint Franchised Business in any manner or for any purpose; or use for any purpose any trade name, trade or service mark, or other commercial symbol that indicates or suggests a connection or association with Franchisor;
(2) Franchisee agrees to discontinue the use of any Website and social media used in connection with the Franchised Business or otherwise referring to the Marks or FocalPoint Franchised Businesses;
(3) Franchisee agrees, at Franchisee's expense, to take the action required to cancel all fictitious or assumed name or equivalent registrations relating to Franchisee's use of any Mark;
(4) Franchisee agrees, at Franchisee's expense, to deliver to Franchisor within thirty (30) days all signs, sign-faces, sign-cabinets, marketing materials, forms, and other materials containing any Mark or otherwise identifying or relating to a FocalPoint Franchised Business that Franchisor requests and allow Franchisor, without liability to Franchisee or third parties for trespass or any other claim, to enter the Office and remove these items and to remove these items from any vehicles used by the Franchised Business;
(5) Franchisee agrees promptly and at Franchisee's own expense to make the alterations Franchisor specifies in Franchisor's Operations Manual (or otherwise) to distinguish the Office and the Franchised Business clearly from its former appearance and from other FocalPoint Franchised Businesses in order to prevent public confusion;
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, if a franchisee terminates the Franchise Agreement early, they will not be subject to a penalty. Instead, they will be required to provide reasonable compensation to Focalpoint Coaching for their failure to perform under the agreement for the remainder of the term.
Upon termination or expiration of the Franchise Agreement, the franchisee is restricted from identifying themselves or any business as a current or former Focalpoint Coaching franchise, except for other Focalpoint Coaching franchises they may own and operate. They are prohibited from using any Focalpoint Coaching marks or any similar imitations. Additionally, the franchisee must discontinue using any websites or social media accounts associated with the franchised business or referencing Focalpoint Coaching's marks.
The franchisee is responsible for canceling any assumed name registrations related to their use of Focalpoint Coaching's marks. Within 30 days of termination, the franchisee must deliver all signs, marketing materials, and other items containing Focalpoint Coaching's marks to the franchisor. The franchisee must also make alterations to distinguish the office and franchised business from its former appearance and other Focalpoint Coaching franchises to prevent public confusion, as specified in Focalpoint Coaching's Operations Manual.