What is the effective date of the Focalpoint Coaching Nondisclosure and Non-Competition Agreement?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS NONDISCLOSURE AND NON-COMPETITION AGREEMENT (this |
|---|
| "Agreement") is made as of the |
| day of, 20, is executed by |
| ("Individual," "me," or "I") for the benefit of |
| a |
| Nevada |
| corporation |
| ("Company"), |
| and |
| for |
| FOCALPOINT |
| COACHING, |
| INC., |
| , a/an ("Franchisee"). |
| Franchisee is a franchisee of Company pursuant to a franchise agreement entered into by |
| those parties concerning a business operating, or to be operated, under the "FocalPoint" name at |
| (the |
| "Franchise |
| Agreement"). |
| The |
| franchised |
| business |
| Company authorizes Franchisee to operate under the Franchise Agreement is known as the |
| "Business," which Business is one among all businesses that Company owns, operates, or |
| franchises under the "FocalPoint" name. I agree that, unless otherwise specified, all capitalized |
| terms in this Agreement have those meanings ascribed to them in the Franchise Agreement. |
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, the Nondisclosure and Non-Competition Agreement is made as of a specific day in 20--. The exact date is to be filled in when the agreement is executed by the individual, referring to the franchisee, for the benefit of the company. This agreement is tied to the Franchise Agreement, with capitalized terms carrying the same meanings as defined in that agreement.
This means that the Nondisclosure and Non-Competition Agreement becomes effective on the date it is signed and dated by both parties. This date is crucial because it marks the beginning of the franchisee's obligations regarding confidentiality and non-competition. The agreement protects Focalpoint Coaching's confidential information, trademarks, and goodwill.
Furthermore, the document specifies that if a franchisee breaches the agreement, the obligations under the breached covenant will be suspended during the period of the breach and while Focalpoint Coaching seeks enforcement. The obligations will then continue for two years from the date the enforcement order is issued. This clause ensures that Focalpoint Coaching can protect its interests even if a franchisee violates the agreement, extending the period of non-competition and confidentiality as needed.