Can a Focalpoint Coaching franchisee waive reliance on representations made in the franchise disclosure document?
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 the 2025 Focalpoint Coaching Franchise Disclosure Document, a franchisee cannot waive reliance on statements made by the franchisor, franchise seller, or anyone acting on their behalf. This protection is explicitly stated in addenda for franchisees in New York, North Dakota, and Washington.
Specifically, the FDD states that no agreement signed by the franchisee can waive claims under state franchise law, including claims related to fraud. This includes disclaiming reliance on any statements made by Focalpoint Coaching or its representatives. This clause is designed to protect franchisees from inadvertently giving up their legal rights based on information provided during the franchise sales process.
This non-waiver provision is significant because it ensures that Focalpoint Coaching franchisees retain the ability to pursue legal action if they believe they were misled or provided with fraudulent information. This protection applies regardless of any statements, questionnaires, or acknowledgments signed during the commencement of the franchise relationship, and it supersedes any conflicting terms in other documents. This helps to ensure that franchisees can make informed decisions based on the information provided by Focalpoint Coaching without fear of losing their right to legal recourse.