What is the definition of 'Franchise Agreement' within the context of the Focalpoint Coaching Rider?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
LIFORNIA**
| Henderson, | Nevada | 89052 | ("we," | "us" | or | "our"), | and |
|---|---|---|---|---|---|---|---|
| Nevada corporation with its principal business address at 2831 St. Rose Parkway, Suite 234, the Franchise Agreement (defined below), by and between FOCALPOINT COACHING, INC., a | |||||||
| This Rider | (the "Rider") is made and entered into as of the Effective Date as stated in |
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- Background. We and you are parties to that certain Franchise Agreement that has been signed at the same time as the signing of this Rider (the "Franchise Agreement"). This Rider is part of the Franchise Agreement. This Rider is being signed because (a) the offer or sale of the franchise for the Franchised Business that you will operate under the Franchise Agreement was made in the State of California, and/or (b) you are a resident of California and the Franchised Business will be located in California.
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- Initial Fees. The following language is added to the end of Sections 3.A and 4.A of the Franchise Agreement:
Despite the payment provisions above, payment of all initial fees owed by you to us under this Agreement is postponed until after all of our initial obligations are complete and you commence doing business.
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- Late Fees and Interest. Section 3.I of the Franchise Agreement is revised to reflect that the maximum interest rate in California currently is 10% annually, notwithstanding any statement to the contrary contained in Section 3.I of the Franchise Agreement.
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- No Waiver of Disclaimer of Reliance. No statement, questionnaire or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or any other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
SIGNATURES ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties have executed and delivered this Rider effective on the Agreement Date.
| FOCALPOINT COACHING, INC. | FRANCHISE OWNER | |---------------------------------------|---------------------------------------------------------------------------------------------------------| | By: Stephen A. Thompson, President | (IF YOU ARE TAKING THE FRANCHISE AS A CORPORATION, LIMITED LIABILITY COMPANY, OR PARTNERSHIP): | | DATED: | [Print Name of Franchisee Entity] By: [Signature of person signing on behalf of entity] Title: DATED: |
RIDER TO THE FOCALPOINT COACHING, INC. FRANCHISE AGREEMENT FOR USE IN HAWAII
| whose principal business address is | | | | | | ("you" or "your").
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the 'Franchise Agreement' is defined within the context of the Rider as the specific agreement between Focalpoint Coaching and the franchisee, signed concurrently with the Rider. The Rider itself is considered part of this Franchise Agreement, indicating that both documents should be read together to understand the full scope of the franchise relationship. This definition appears consistently across multiple state-specific addenda, such as those for Virginia, Washington, North Dakota, New York, South Dakota, and Illinois, emphasizing its importance.
This definition is crucial for prospective franchisees because it establishes the legal foundation of their relationship with Focalpoint Coaching. The Rider often modifies or supplements the original Franchise Agreement to comply with specific state laws or to address particular circumstances. For example, the Washington addendum deletes certain sections of the Franchise Agreement and adds clauses to comply with the Washington Franchise Investment Protection Act. Similarly, the Illinois addendum includes provisions related to the Illinois Franchise Disclosure Act.
Understanding that the Rider is an integral part of the Franchise Agreement ensures that franchisees are aware of all the terms and conditions governing their franchise. It also highlights the importance of carefully reviewing both documents to understand their rights and obligations. The fact that Focalpoint Coaching uses Riders to address state-specific requirements suggests that the company is attentive to legal compliance, which can be a positive sign for potential franchisees.
However, franchisees should pay close attention to how the Rider modifies the original Franchise Agreement. Some Riders, like those for North Dakota and New York, include provisions that protect franchisees' rights under state franchise laws, such as non-waiver clauses and specific termination rights. These modifications can significantly impact the franchisee's legal recourse in case of disputes. Therefore, a thorough review of both the Franchise Agreement and any associated Riders is essential for making an informed decision about investing in a Focalpoint Coaching franchise.