What is the consequence if a Focalpoint Coaching franchisee makes unauthorized representations or warranties?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTION IN | SUMMARY |
|---|---|---|
| FRANCHISE | ||
| OR OTHER | ||
| AGREEMENT | ||
| alcohol-related, profane, racist, sexually explicit | ||
| or indecent comments that in our opinion | ||
| negatively affects us, our employees, our | ||
| operations or otherwise affects the Franchised | ||
| Business’ reputation or the goodwill associated | ||
| with the Marks; making an unauthorized | ||
| representation or warranty on our behalf; |
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 43–48)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, making an unauthorized representation or warranty on behalf of the franchisor is grounds for termination of the franchise agreement. Specifically, this is listed as a "cause" for termination.
Item 17 details several violations that could lead to termination of the Focalpoint Coaching franchise agreement. Some violations have a cure period, meaning the franchisee has a specific timeframe to correct the issue. For example, a franchisee has 10 days to cure monetary defaults or 30 days to cure operational defaults. However, certain other violations are considered non-curable, meaning Focalpoint Coaching can terminate the agreement immediately without giving the franchisee an opportunity to fix the problem.
Making an unauthorized representation or warranty falls into this category of non-curable defaults. This means that if a Focalpoint Coaching franchisee makes an unauthorized claim or guarantee, the franchisor can terminate the franchise agreement without any prior notice or opportunity to correct the misrepresentation. This highlights the importance of franchisees adhering strictly to approved marketing and sales materials and avoiding any deviations that could be construed as unauthorized.