Can Focalpoint Coaching engage in pricing activities periodically or throughout the term of the Franchise Agreement?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
E. NON-EXCLUSIVE TERRITORIAL RIGHTS.
Before this Agreement is executed, Franchisor will describe the Territory in Exhibit B. The size of the Territory shall be determined in Franchisor's sole discretion. Franchisee's rights in the Territory during the term of this Agreement are non-exclusive and Franchisee may face competition from Franchisor or other FocalPoint Franchised Businesses. Franchisee must advertise and solicit clients for the Franchised Business only within the Territory. Franchisee may not operate the Franchised Business or provide Services outside of the Territory; provided, however, Franchisee may provide Services to a client outside the Territory if the client (i) is a
personal acquaintance of Franchisee, (ii) was referred to Franchisee, or (iii) resulted from Franchisee's indirect marketing efforts through digital media.
F. RIGHTS FRANCHISOR RESERVES.
Franchisor and Franchisor's affiliates retain all rights with respect to FocalPoint Franchised Businesses, the Marks, the sale of identical, similar or dissimilar products and services, and any other activities Franchisor deems appropriate whenever and wherever Franchisor desires. Specifically, but without limitation, Franchisor reserves the following rights:
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
Based on the 2025 Focalpoint Coaching Franchise Disclosure Document, the excerpts provided do not specify whether Focalpoint Coaching can engage in pricing activities periodically or throughout the term of the Franchise Agreement. The FDD excerpts focus on franchise agreements, amendments for specific states, and franchisee obligations such as non-compete clauses.
While the excerpts discuss the rights Focalpoint Coaching reserves, such as those related to the Marks and the sale of products and services, they do not explicitly address the franchisor's ability to set or influence pricing. The documents do mention the franchisee's territory and the franchisor's right to maintain quality and uniformity, but these points do not directly relate to pricing control.
A prospective Focalpoint Coaching franchisee should seek clarification from the franchisor regarding pricing policies. Specifically, they should ask whether Focalpoint Coaching has the right to set prices for services or products, whether there are any restrictions on the franchisee's ability to set their own prices, and how pricing decisions might affect the franchisee's profitability and competitiveness within their territory.