Can a Focalpoint Coaching franchisee disclaim reliance on any statement made by the franchisor or its representatives?

According to the 2025 Focalpoint Coaching Franchise Disclosure Document, a franchisee cannot waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Focalpoint Coaching, its representatives, or franchise sellers. This protection is included in addenda to the standard franchise agreement for franchisees in New York, North Dakota, Virginia, and South Dakota.

This "no waiver of disclaimer of reliance" clause ensures that franchisees retain their legal rights and protections, even if they sign agreements or acknowledgments that might suggest otherwise. This provision is designed to protect franchisees from potentially misleading statements or misrepresentations made during the franchise sales process. It also reinforces that the terms of the franchise agreement cannot be superseded by other documents executed in connection with the franchise.

For a prospective Focalpoint Coaching franchisee, this means that any statements made by the franchisor or its representatives during the sales process can be relied upon, and the franchisee retains the right to pursue legal action if those statements prove to be false or misleading. This protection applies regardless of any disclaimers or waivers the franchisee may have signed. This clause is particularly important in states with strong franchise laws, as it prevents the franchisor from circumventing those laws through contractual provisions.