Can Focalpoint Coaching designate other information as confidential or proprietary?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
- (1) site selection criteria;
- (2) training and operations materials and manuals;
- (3) methods, formats, specifications, standards, systems, procedures, sales and marketing techniques, knowledge, and experience used in developing and operating FocalPoint Franchised Businesses;
- (4) marketing, promotional and advertising research and programs for FocalPoint Franchised Businesses;
- (5) knowledge of specifications for and suppliers of Operating Assets, Proprietary Products, and other products and supplies, including supplier pricing and related terms;
- (6) any computer software or similar technology which is proprietary to Franchisor or the Franchise System, including, without limitation, digital passwords and identifications and any source code of, and data, reports, and other printed materials generated by, the software or similar technology;
- (7) knowledge of the operating results and financial performance of FocalPoint Franchised Businesses other than the Franchised Business;
- (8) graphic designs and related intellectual property;
- (9) client solicitation, communication and retention programs, along with data and information used or generated in connection with those programs;
- (10) all data and other information generated by, or used in, the operation of the Franchised Business, including client names, addresses, phone numbers and other information supplied by any client, and any other information contained at any time and from time to time in the Computer System or that visitors to the Franchised Business (including Franchisee and Franchisee's personnel) provide to the Website for the network of FocalPoint Franchised Businesses;
- (11) future business plans relating to FocalPoint Franchised Businesses and the FocalPoint franchise opportunity, including expansion and development plans; and
- (12) any other information that Franchisor reasonably designates as confidential or proprietary.
Franchisee acknowledges and agrees that Franchisee will not acquire any interest in Confidential Information, other than the right to use it as Franchisor specifies in operating the Franchised Business during this Agreement's term, and that Confidential Information is proprietary, includes Franchisor's trade secrets, and is disclosed to Franchisee only on the condition that Franchisee agrees, and Franchisee in fact does agree, that Franchisee:
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, Focalpoint Coaching can designate information as confidential or proprietary. The agreement states that confidential information includes, but is not limited to, site selection criteria, training and operations materials, sales and marketing programs, client lists, supplier information, operating results, computer systems, and any other information provided that is designated as proprietary or confidential.
Specifically, the franchise agreement states that confidential information also includes methods, formats, specifications, standards, systems, procedures, sales and marketing techniques, marketing and promotional research, supplier knowledge, computer software, operating results of other Focalpoint Coaching franchises, graphic designs, client programs, data used in operation, future business plans, and any other information that Focalpoint Coaching reasonably designates as confidential or proprietary.
This means that Focalpoint Coaching has broad discretion to protect a wide array of information it deems valuable to its franchise system. As a franchisee, you acknowledge that you will not acquire any interest in the confidential information, other than the right to use it as Focalpoint Coaching specifies in operating the franchised business during the agreement's term. This information is considered proprietary and includes Focalpoint Coaching's trade secrets, disclosed only on the condition that the franchisee agrees to keep it confidential.