What is covered under the 'Preamble' section of the Focalpoint Coaching franchise agreement?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
1. PREAMBLES, ACKNOWLEDGMENTS, AND GRANT OF FRANCHISE.
A. PREAMBLES.
- (1) Franchisor and its affiliates have expended considerable time and effort in developing a system relating to the establishment and operation of FocalPoint franchised businesses (each a "FocalPoint Franchised Business"), offering business training and consulting to small businesses and professionals (collectively, the "Services") utilizing the Franchise System (as defined below) and specialized products produced or manufactured using the designs developed by Franchisor and its affiliates (the "Proprietary Products"). These Services are provided by FocalPoint franchise owners operating FocalPoint Franchised Businesses, which operate under distinctive methods, procedures, standards and specifications, all of which Franchisor may improve, further develop or otherwise modify from time to time.
- (2) Franchisor uses, promotes and licenses certain trademarks, service marks and other commercial symbols in operating FocalPoint Franchised Businesses, including the service marks "FOCALPOINT™", "FOCALPOINT INTERNATIONAL™", "FOCALPOINT COACHING EXCELLENCE POWERED BY BRIAN TRACY®" and such other trade names, service marks, trademarks, logos, emblems, domain names, and indicia of origin which have gained and continue to gain public acceptance and goodwill, and may create, use and license other trademarks, service marks and commercial symbols for FocalPoint Franchised Businesses (collectively, the "Marks").
- (3) Franchisor grants to certain persons who meet Franchisor's qualifications, and are willing to undertake the investment and effort, a franchise to own and operate a FocalPoint Franchised Business offering the Proprietary Products and Services Franchisor authorizes and using Franchisor's business formats, methods, procedures, signs, designs, layouts, standards, specifications and Marks (the "Franchise System").
- (4) As a franchise owner of a FocalPoint Franchised Business, Franchisee will comply with this Agreement and all System Standards (defined below) in order to maintain the high and consistent quality that is critical to attracting and keeping clients for FocalPoint Franchised Businesses.
(5) Franchisee has applied for a franchise to own and operate a FocalPoint Franchised Business.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the 'Preamble' section of the franchise agreement covers several key aspects of the Focalpoint Coaching franchise system. It acknowledges the time and effort Focalpoint Coaching and its affiliates have invested in developing the Focalpoint franchised business system, which provides business training and consulting services to small businesses and professionals. These services utilize the Franchise System and specialized products designed by Focalpoint Coaching. The Preamble also notes that Focalpoint franchise owners operate under specific methods, procedures, standards, and specifications that Focalpoint Coaching may modify over time.
Furthermore, the 'Preamble' section addresses Focalpoint Coaching's use, promotion, and licensing of trademarks, service marks, and commercial symbols, including names like "FOCALPOINT™", "FOCALPOINT INTERNATIONAL™", and "FOCALPOINT COACHING EXCELLENCE POWERED BY BRIAN TRACY®". These marks have gained public acceptance and goodwill, and Focalpoint Coaching retains the right to create and license additional trademarks for its franchised businesses.
Finally, the 'Preamble' states that Focalpoint Coaching grants franchises to qualified individuals willing to invest the necessary resources and effort to operate a Focalpoint Franchised Business. Franchisees must comply with the Franchise Agreement and all System Standards to maintain consistent quality, which is essential for attracting and retaining clients. The document also acknowledges that the franchisee has applied for a franchise to own and operate a Focalpoint Franchised Business.