Is a Focalpoint Coaching franchisee allowed to make representations or warranties on behalf of the franchisor?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
- (6) That Franchisee has not received from Franchisor, and is not relying upon, any representations or guarantees, express or implied, as to the potential volume, sales, income, or profits of a FocalPoint Franchised Business.
- (7) That in all of their dealings with Franchisee, Franchisor's officers, directors, employees, and agents act only in a representative, and not in an individual, capacity and that business dealings between Franchisee and them as a result of this Agreement are deemed to be only between Franchisee and Franchisor.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, Focalpoint Coaching acknowledges that the franchisee has not received from Focalpoint Coaching, and is not relying upon, any representations or guarantees, express or implied, as to the potential volume, sales, income, or profits of a Focalpoint Franchised Business. This means that Focalpoint Coaching franchisees are not authorized to make any representations or guarantees regarding potential business outcomes on behalf of the franchisor.
Furthermore, the FDD states that in all of their dealings with the franchisee, Focalpoint Coaching's officers, directors, employees, and agents act only in a representative, and not in an individual, capacity. Business dealings between the franchisee and them as a result of the Franchise Agreement are deemed to be only between the franchisee and Focalpoint Coaching. This reinforces the separation between the franchisee's business and the franchisor's representations.
This acknowledgment is crucial for prospective franchisees as it clarifies that they are entering the agreement based on their own independent investigation and understanding of the business opportunity, not on any external representations or guarantees. It also protects Focalpoint Coaching from potential liability arising from unauthorized representations made by franchisees.