Does the Focalpoint Coaching franchise agreement grant an exclusive relationship to the franchisee?
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 grant exclusive territorial rights to the franchisee. Instead, Focalpoint Coaching retains significant rights, and franchisees may face competition from both the franchisor and other Focalpoint Coaching franchisees.
Specifically, the FDD states that the franchisee's rights within their designated territory are non-exclusive. Focalpoint Coaching determines the size of the territory at its sole discretion. While franchisees are required to focus their advertising and client solicitation within their territory, they may provide services outside of it under certain conditions, such as to personal acquaintances, referrals, or clients acquired through indirect digital marketing efforts.
Furthermore, Focalpoint Coaching reserves extensive rights regarding the Focalpoint Coaching businesses, trademarks, and the sale of products or services, allowing them to engage in any activities they deem appropriate, regardless of location. This means that Focalpoint Coaching can operate or franchise other businesses, even those that compete directly with a franchisee's business, without restriction. This lack of exclusivity and the franchisor's retained rights are important considerations for potential franchisees.