Does the Focalpoint Coaching franchise agreement include preambles and exhibits as part of the agreement?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
The preambles and exhibits are a part of this Agreement which, together with any addenda or riders signed at the same time as this Agreement, constitutes Franchisor's and Franchisee's entire agreement, and supersedes all prior and contemporaneous oral or written agreements and understandings between Franchisor and Franchisee relating to the subject matter of this Agreement. There are no other oral or written understandings or agreements between Franchisor and Franchisee, or oral or written representations by Franchisor, relating to the subject matter of this Agreement, the franchise relationship, or the Franchised Business (any understandings or agreements reached, or any representations made, before this Agreement are superseded by this Agreement). Notwithstanding the foregoing, nothing in this Agreement shall disclaim or require Franchisee to waive reliance on any representation made by Franchisor in Franchisor's most recent franchise disclosure document (including exhibits and amendments) delivered to Franchisee or Franchisee's representative.
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 includes both preambles and exhibits as integral parts of the agreement. Specifically, the preambles outline the background and intent behind the franchise relationship, detailing Focalpoint Coaching's established system for business training and consulting, its use of trademarks, and the franchisee's role in maintaining quality and standards. These preambles set the stage for the contractual obligations that follow.
Furthermore, the exhibits serve to provide additional context and detail to the agreement. The FDD includes a list of exhibits such as Exhibit A, which lists state administrators/agents for service of process, Exhibit B, which is the Franchise Agreement itself, and other exhibits covering financial statements, operations manual table of contents, lists of franchisees, state addenda, release forms, and questionnaires. These exhibits, along with any addenda or riders signed concurrently, form the complete agreement between Focalpoint Coaching and the franchisee.
The inclusion of preambles and exhibits ensures that all parties have a comprehensive understanding of their rights and responsibilities. The preambles clarify the purpose and intent of the agreement, while the exhibits provide specific details and supporting information. This structure is typical in franchise agreements, aiming to reduce ambiguity and potential disputes by clearly defining the scope and terms of the franchise relationship. Prospective franchisees should carefully review all preambles and exhibits to fully understand their obligations and the franchisor's commitments.