Does the Focalpoint Coaching franchise agreement release cover unknown damages?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
150 Israel Road SW Tumwater, Washington 98501
(for other matters) Department of Financial Institutions Securities Division P. O. Box 41200 Olympia, Washington 98504-1290 (360) 902-8760
Wisconsin
Commissioner of Securities Department of Financial Institutions 4822 Madison Yards Way, North Tower Madison, Wisconsin 53705 (608) 266-0448
EXHIBIT G
FORM OF GENERAL RELEASE
FOCALPOINT COACHING, INC. GRANT OF FRANCHISOR CONSENT AND FRANCHISEE RELEASE*
| THIS FRANCHISE AGREEMENT (this “Agreement”) is made and entered into by | | | | | | |---|---|---|---|---|---| | and between FOCALPOINT COACHING, INC., a Nevada corporation located at 2831 St. Rose | | | | | | | Parkway, | Suite | 234, | Henderson, Nevada | 89052, | (“Franchisor”), and | Consistent with the previous introduction, you, on your own behalf and on behalf of your successors, heirs, executors, administrators, personal representatives, agents, assigns, partners, shareholders, members, directors, officers, principals, employees, and affiliated entities (collectively, the "Releasing Parties"), hereby forever release and discharge us and our affiliates, our and their current and former officers, directors, shareholders, principals, employees, agents, representatives, affiliated entities, successors, and assigns (collectively, the "Franchisor Parties") from any and all claims, damages (known and unknown), demands, causes of action, suits, duties, liabilities, and agreements of any nature and kind (collectively, "Claims") that you and any of the other Releasing Parties now has, ever had, or, but for this document, hereafter would or could have against any of the Franchisor Parties (1) arising out of or related to the Franchisor Parties' obligations under the Franchise Agreement or (2) otherwise arising from or related to your and the other Releasing Parties' relationship, from the beginning of time to the date of your signature below, with any of the Franchisor Parties.
Source: Item 23 — Receipts (FDD pages 57–259)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the general release includes a release of unknown damages. The release provided by the franchisee covers any and all claims, including damages that are known and unknown. This release extends to the Focalpoint Coaching, Inc. and its affiliates, as well as their current and former officers, directors, shareholders, employees, agents, representatives, affiliated entities, successors, and assigns.
This means that a Focalpoint Coaching franchisee is waiving their right to sue the franchisor for any claims or damages, whether they are currently known or discovered in the future. The release covers matters related to the Franchise Agreement and the franchisee's relationship with Focalpoint Coaching from the beginning of time until the date the release is signed. The franchisee also agrees not to sue Focalpoint Coaching on any of the released claims and confirms that they have not assigned these claims to any other party.
It is important to note that this release does not apply to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder. Prospective franchisees should carefully review the release and understand its implications before signing, as it significantly limits their ability to pursue legal action against Focalpoint Coaching for any past or future issues, except under the specific exception for Washington franchisees.