Can a Focalpoint Coaching franchisee use copyrighted materials in any way they choose?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
You may use these items only as we specify while operating your Franchised Business (and must stop using them if we so direct you).
There currently are no effective adverse determinations of the USPTO, the United States Copyright Office, or any court regarding the copyrighted materials. No agreement limits our right to use or allow others to use the copyrighted materials. We do not actually know of any infringing uses of our copyrights that could materially affect your use of the copyrighted materials in any state.
We need not protect or defend copyrights, although we intend to do so if in the system's best interests. We may control any action we choose to bring, even if you voluntarily bring the matter to our attention. We need not participate in your defense and/or indemnify you for damages or expenses in a proceeding involving a copyright.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 40–42)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, franchisees have limited rights regarding the use of copyrighted materials. Focalpoint Coaching and FocalPoint International claim copyrights to the Operations Manual, advertising, marketing materials, and similar items.
The FDD specifies that franchisees may only use these copyrighted items as directed by Focalpoint Coaching while operating their franchise. This means a franchisee cannot freely use the materials but must adhere to the franchisor's guidelines. If Focalpoint Coaching directs a franchisee to stop using certain copyrighted materials, the franchisee must comply.
Focalpoint Coaching retains the right to control any legal action related to copyright, even if the franchisee brings the matter to their attention. The company is not obligated to defend the franchisee or provide indemnity for damages or expenses in copyright-related proceedings. This indicates that the franchisee bears the risk of any copyright infringement issues arising from their use of the materials, even when following the franchisor's directions.
Overall, the FDD makes it clear that Focalpoint Coaching franchisees have a limited license to use copyrighted materials and must adhere to the franchisor's instructions. They do not have the freedom to use these materials in any way they choose and assume some risk related to copyright issues.