When must a Focalpoint Coaching franchisee submit the Nondisclosure and Non-Competition Agreement for officers, directors, shareholders, partners, members and owners?
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, if the franchisee is an entity, they must submit an executed copy of the Nondisclosure and Non-Competition Agreement for all officers, directors, shareholders, partners, members, and owners concurrent with the execution of the Franchise Agreement, or at the time they assume such status. This requirement also extends to those of any entity directly or indirectly controlling the franchisee.
Focalpoint Coaching requires franchisees to ensure that certain personnel, including the Business Manager, supervisory employees, associates who receive training from the franchisor, and the aforementioned owners and officers, sign the Nondisclosure and Non-Competition Agreement. This agreement aims to protect the franchisor's confidential information and prevent competition. The franchisor also retains the right to regulate the form of the agreement and act as a third-party beneficiary with independent enforcement rights.
Furthermore, Focalpoint Coaching mandates that franchisees provide copies of all executed Nondisclosure and Non-Competition Agreements to the franchisor no later than ten days following their execution. This ensures that the franchisor has a record of all individuals bound by the agreement and can take appropriate action if any breaches occur. This requirement is in place to safeguard the Focalpoint Coaching's business interests and maintain the integrity of the franchise system.