Is a Focalpoint Coaching franchisee required to use the Marks and Franchise System when providing services?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
- (3) Franchisor grants to certain persons who meet Franchisor's qualifications, and are willing to undertake the investment and effort, a franchise to own and operate a FocalPoint Franchised Business offering the Proprietary Products and Services Franchisor authorizes and using Franchisor's business formats, methods, procedures, signs, designs, layouts, standards, specifications and Marks (the "Franchise System").
- (4) As a franchise owner of a FocalPoint Franchised Business, Franchisee will comply with this Agreement and all System Standards (defined below) in order to maintain the high and consistent quality that is critical to attracting and keeping clients for FocalPoint Franchised Businesses.
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.
Franchisee agrees to use the Marks within the Territory as the Franchised Business' sole identification, except that Franchisee agrees to identify itself as its independent owner in the manner Franchisor prescribes. Franchisee may not use any Mark (1) as part of any corporate or legal business name, (2) with any prefix, suffix, or other modifying words, terms, designs, or symbols (other than logos Franchisor has licensed to Franchisee), (3) in selling any unauthorized services or products, (4) as part of any domain name, homepage, electronic address, or otherwise in connection with a Website, or (5) in any other manner that Franchisor has not expressly authorized in writing.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, a franchisee is required to use the Marks and Franchise System. The FDD states that Focalpoint Coaching grants a franchise to operate a FocalPoint Franchised Business using the business formats, methods, procedures, signs, designs, layouts, standards, specifications and Marks, which is defined as the "Franchise System".
The agreement stipulates that as a franchise owner, the franchisee must comply with the agreement and all System Standards to maintain consistent quality. This is deemed critical for attracting and retaining clients for Focalpoint Coaching Franchised Businesses. The franchisee's right to use the Marks is derived solely from the franchise agreement and is limited to the operation of the Franchised Business according to the agreement and all System Standards prescribed by Focalpoint Coaching during the term of the agreement.
Furthermore, the franchisee agrees to use the Marks within their territory as the Franchised Business's sole identification. They must also identify themselves as the independent owner in a manner prescribed by Focalpoint Coaching. The agreement also lists several limitations on how the franchisee can use the Marks, including restrictions on using the Marks as part of any corporate or legal business name, with unauthorized modifications, in selling unauthorized services or products, or as part of any domain name or website without express written authorization from Focalpoint Coaching.
These stipulations ensure brand consistency and quality control across all Focalpoint Coaching franchises, protecting the goodwill associated with the Marks and the Franchise System. A prospective franchisee should understand that adhering to these standards is not optional but a mandatory part of the franchise agreement.