Can a Focalpoint Coaching franchisee disclaim reliance on statements made by the franchisor or its representatives?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
No Waiver of Disclaimer of Reliance. No statement, questionnaire or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or any other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, a franchisee cannot waive claims under state franchise law or disclaim reliance on statements made by the franchisor or its representatives. This protection is explicitly stated in the FDD, ensuring that franchisees retain their legal rights regardless of any agreements signed during the commencement of the franchise relationship. This provision is included in addenda for Virginia, New York, and North Dakota.
This means that any statement, questionnaire, or acknowledgment signed by a Focalpoint Coaching franchisee cannot be used to waive claims related to franchise law, including claims of fraud in the inducement. It also prevents franchisees from disclaiming reliance on statements made by Focalpoint Coaching, its sellers, or anyone acting on its behalf. This clause is designed to protect franchisees from unknowingly giving up their rights based on statements made by the franchisor.
This "no waiver of disclaimer of reliance" clause supersedes any other conflicting terms in any document executed in connection with the Focalpoint Coaching franchise agreement. This ensures that the franchisee's right to claim reliance on the franchisor's statements is upheld, regardless of other contractual language. This type of provision is not uncommon in franchise agreements, as franchise laws often aim to protect franchisees from potential overreach by franchisors.