Where can a current form of the Nondisclosure and Non-Competition Agreement be found in the Focalpoint Coaching FDD?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees to have all of the following persons sign, and Franchisee will submit to Franchisor an executed copy of, Franchisor's then current form of Nondisclosure and Non-Competition Agreement (a current form of which is set forth in Exhibit C) from all of the following persons: (i) the Business Manager and any supervisory or other employees and Associates who have received or will receive training from Franchisor, prior to their employment; (ii) if Franchisee is an Entity, all Franchisee's officers, directors, shareholders, partners, members and owners, and those of any Entity directly or indirectly controlling Franchisee, concurrent with the execution of this Agreement, or at such time as they assume such status; and (iii) all of the persons enumerated in this Section 7 and Subsection 15.D below. Franchisee agrees to provide Franchisor copies of all executed Nondisclosure and Non-Competition Agreements no later than ten (10) days following their execution.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching FDD, the current form of the Nondisclosure and Non-Competition Agreement can be found in Exhibit C. Franchisees are required to have specific individuals sign this agreement, including the Business Manager, supervisory employees who receive training from Focalpoint Coaching, and, if the franchisee is an entity, all officers, directors, shareholders, partners, members, and owners.
This agreement is crucial for protecting Focalpoint Coaching's confidential information and preventing unfair competition. Franchisees must ensure that all relevant parties sign the agreement before their employment or assumption of their roles. Copies of the executed agreements must be provided to Focalpoint Coaching within ten days of execution.
For prospective Focalpoint Coaching franchisees, understanding the scope and requirements of the Nondisclosure and Non-Competition Agreement is essential. It ensures compliance with the franchise agreement and protects the franchisor's interests. Franchisees should carefully review Exhibit C and consult with legal counsel to fully understand their obligations and the implications of the agreement for their employees and business operations.