What is the effect of a statement, questionnaire, or acknowledgment signed by a Focalpoint Coaching franchisee in Virginia regarding claims under state franchise law?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, a specific provision addresses the effect of certain documents signed by franchisees in Virginia. The document states that no statement, questionnaire, or acknowledgment signed by a Focalpoint Coaching franchisee in connection with starting the franchise can waive claims under Virginia's franchise law. This includes claims related to fraud in the inducement.
This means that even if a franchisee signs a document that appears to waive their rights, that waiver will not be effective under Virginia franchise law. The franchisee retains the right to pursue claims against Focalpoint Coaching if they believe they have been defrauded or otherwise harmed in violation of state franchise laws. This protection is designed to ensure that franchisees are not pressured into giving up their legal rights at the beginning of the franchise relationship.
This provision also clarifies that it supersedes any other conflicting terms in any document executed in connection with the franchise. Therefore, any clause in the Franchise Agreement or related documents that suggests a franchisee is waiving their rights under Virginia franchise law is overridden by this specific 'No Waiver of Disclaimer of Reliance' clause. This protection is beneficial for prospective Focalpoint Coaching franchisees in Virginia, as it ensures they retain their legal rights under state franchise law, regardless of any statements they may sign during the commencement of their franchise.