In the Focalpoint Coaching Franchise Agreement, what terms are used to refer to the franchisor?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
FocalPoint International, Inc., a Delaware corporation ("FocalPoint International") has licensed the Marks to Franchisor to use in connection with the franchising, development, and operation of FocalPoint Franchised Businesses. Franchisee's right to use the Marks is derived only from this Agreement and limited to Franchisee's operation of the Franchised Business according to this Agreement and all System Standards Franchisor prescribes during its term. Franchisee's unauthorized use of the Marks is a breach of this Agreement and infringes Franchisor's and FocalPoint International's rights in the Marks. Franchisee acknowledges and agrees that Franchisee's use of the Marks and any goodwill established by that use are exclusively for Franchisor's and FocalPoint International's benefit and that this Agreement does not confer any goodwill or other interests in the Marks upon Franchisee (other than the right to operate the Franchised Business under this Agreement). All provisions of this Agreement relating to the Marks apply to any additional proprietary trade and service marks Franchisor authorizes Franchisee to use. Franchisee may not at any time during or after this Agreement's term or any renewal term contest or assist any other person in contesting the validity, or Franchisor's and FocalPoint International's ownership, of the Marks.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the terms "Franchisor" and "FocalPoint International, Inc." are used to refer to the franchisor in the franchise agreement. Specifically, FocalPoint International, Inc., a Delaware corporation, has licensed the Marks to Franchisor to use in connection with the franchising, development, and operation of FocalPoint Franchised Businesses.
The agreement emphasizes that the franchisee's right to use the Marks is solely derived from the Franchise Agreement and is limited to the operation of the Franchised Business according to the agreement and all System Standards prescribed by Franchisor. Unauthorized use of the Marks by the franchisee constitutes a breach of the agreement and infringes upon the rights of both Franchisor and FocalPoint International.
Furthermore, the agreement clarifies that any goodwill established through the franchisee's use of the Marks is exclusively for the benefit of Franchisor and FocalPoint International. The agreement does not grant the franchisee any goodwill or other interests in the Marks, other than the right to operate the Franchised Business under the terms of the agreement. This ensures that Focalpoint Coaching retains control over its brand and image, maintaining uniformity and quality across all franchise locations.