Who are considered 'Official Senders' authorized to send emails to Focalpoint Coaching franchisees?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges and agrees that exchanging information with Franchisor by email is efficient and desirable for day-to-day communications and that Franchisor and Franchisee may utilize e-mail for such communications. Franchisee authorizes the transmission of e-mail by Franchisor and Franchisor's employees, vendors, and affiliates ("Official Senders") to Franchisee during the term of this Agreement.
Franchisee further agrees that: (a) Official Senders are authorized to send e-mails to those of Franchisee's employees as Franchisee may occasionally authorize for the purpose of communicating with Franchisor; (b) Franchisee will cause Franchisee's officers, directors, and employees to give their consent to Official Senders' transmission of e-mails to them; (c) Franchisee will require such persons not to opt out or otherwise ask to no longer receive emails from Official Senders during the time that such person works for or is affiliated with
Franchisee; and (d) Franchisee will not opt out or otherwise ask to no longer receive e-mails from Official Senders during the term of this Agreement.
The consent given in this Section 20 shall not apply to the provision of notices by either party under this Agreement pursuant to Section 18 using e-mail unless the parties otherwise agree in a written document manually signed by both parties.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, 'Official Senders' authorized to send emails to franchisees include Focalpoint Coaching, its employees, vendors, and affiliates. This authorization is part of the agreement that acknowledges email as an efficient method for day-to-day communication between Focalpoint Coaching and its franchisees.
For a prospective Focalpoint Coaching franchisee, this means they consent to receiving emails from Focalpoint Coaching and related parties throughout the term of their franchise agreement. This consent extends to the franchisee's employees who are authorized to communicate with Focalpoint Coaching. The franchisee is responsible for ensuring their employees also consent to receiving these emails and do not opt out of receiving them.
It's important to note that this consent does not automatically apply to legal notices required under the agreement, unless both parties specifically agree in writing to use email for such notices. This ensures that critical legal communications are handled with a higher degree of formality, unless otherwise agreed upon.
This clause is fairly standard in franchise agreements, as it allows Focalpoint Coaching to maintain consistent communication with its franchisees regarding updates, training, marketing initiatives, and other important information. By agreeing to this, the franchisee acknowledges the importance of staying informed and connected with the Focalpoint Coaching network.