Does the Focalpoint Coaching franchise agreement specify who should sign the release on behalf of the Franchisee?
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 release and covenant not to sue must be granted by the franchisee on their own behalf, as well as on behalf of their successors, heirs, executors, administrators, personal representatives, agents, assigns, partners, shareholders, members, directors, officers, principals, employees, and affiliated entities, collectively referred to as the "Releasing Parties." This extensive list ensures that all parties connected to the franchisee are bound by the release.
Additionally, Focalpoint Coaching requires a release and covenant not to sue from the franchisee's owners. The document specifies that these transferring owners must provide their signatures to grant the release. This requirement ensures that all individuals with ownership interests in the franchise are in agreement with the terms of the release.
The document also includes signature lines for both Focalpoint Coaching, Inc. and the franchisee, indicating that both parties must sign the release. The signature lines include spaces for the signatures and titles of the individuals signing on behalf of each entity. 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 its associated rules.
Prospective Focalpoint Coaching franchisees should carefully review the release and covenant not to sue with their legal counsel to fully understand the implications of signing the document. Franchisees should also ensure that all required parties, including owners, sign the release to avoid any potential future claims. Franchisees should also be aware of the exception for claims arising under the Washington Franchise Investment Protection Act.