Does the Focalpoint Coaching franchise agreement confer rights to third parties?
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)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the franchise agreement does not confer rights to third parties. The agreement specifies that Focalpoint Coaching retains rights regarding the Focalpoint Coaching franchised businesses, marks, and the sale of products and services.
Specifically, Focalpoint Coaching reserves the right to sell similar or dissimilar products and services whenever and wherever they desire. The franchisee's rights within their territory are non-exclusive, meaning they may face competition from Focalpoint Coaching or other Focalpoint Coaching franchised businesses.
This arrangement is typical in franchising, where the franchisor maintains control over the brand and its development while granting franchisees the right to operate within a defined territory under specific conditions. Prospective franchisees should be aware that their rights are limited and subject to the franchisor's broader strategic interests.