When must a Focalpoint Coaching franchisee submit the Nondisclosure and Non-Competition Agreement for the Business Manager and other trained employees?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees to have all of the following persons sign, and Franchisee will submit to Franchisor an executed copy of, Franchisor's then current form of Nondisclosure and Non-Competition Agreement (a current form of which is set forth in Exhibit C) from all of the following persons: (i) the Business Manager and any supervisory or other employees and Associates who have received or will receive training from Franchisor, prior to their employment; (ii) if Franchisee is an Entity, all Franchisee's officers, directors, shareholders, partners, members and owners, and those of any Entity directly or indirectly controlling Franchisee, concurrent with the execution of this Agreement, or at such time as they assume such status; and (iii) all of the persons enumerated in this Section 7 and Subsection 15.D below. Franchisee agrees to provide Franchisor copies of all executed Nondisclosure and Non-Competition Agreements no later than ten (10) days following their execution.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, a franchisee must ensure that certain individuals sign and submit a copy of the Nondisclosure and Non-Competition Agreement to Focalpoint Coaching. For the Business Manager, supervisory employees, and other associates who receive training from Focalpoint Coaching, this agreement must be signed prior to their employment.
If the franchisee is an entity, all officers, directors, shareholders, partners, members, and owners must sign the agreement concurrent with the execution of the Franchise Agreement or when they assume their respective status. Additionally, all individuals listed in Section 7 and Subsection 15.D of the agreement must also sign the Nondisclosure and Non-Competition Agreement.
The franchisee is responsible for providing Focalpoint Coaching with copies of all executed Nondisclosure and Non-Competition Agreements within ten days following their execution. This requirement ensures that Focalpoint Coaching can protect its confidential information and business interests by having these agreements in place for key personnel associated with the franchise.