Does the Focalpoint Coaching franchise agreement require the franchisee to represent that they have not assigned any released claims?
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 franchisee is required to represent that they have not assigned any of the claims released. The document states that the franchisee, on behalf of themselves and their successors, heirs, and other related parties, releases Focalpoint Coaching from all claims and liabilities related to the Franchise Agreement or the relationship between the parties.
Furthermore, the franchisee covenants not to sue Focalpoint Coaching on any of the released claims. As part of this, the franchisee must represent that they have not assigned any of these claims to any individual or entity not bound by this agreement. This ensures that Focalpoint Coaching is protected from potential lawsuits arising from previously released claims.
It is important to note that this release does not apply to claims arising under the Washington Franchise Investment Protection Act. Additionally, transferring owners of the franchise must also grant a similar release and covenant not to sue. This requirement is part of a general release form that Focalpoint Coaching uses to protect itself from potential liabilities and legal actions related to the franchise agreement.