What are the Focalpoint Coaching franchisee's obligations regarding the use of marks upon termination or expiration of the franchise agreement?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
When this Agreement expires or is terminated:
(1) Franchisee may not directly or indirectly at any time or in any manner (except with other FocalPoint Franchised Businesses Franchisee owns and operates) identify itself or any business as a current or former FocalPoint Franchised Business or as one of Franchisor's current or former franchise owners; use any Mark, any colorable imitation of a Mark, or other indicia of a FocalPoint Franchised Business in any manner or for any purpose; or use for any purpose any trade name, trade or service mark, or other commercial symbol that indicates or suggests a connection or association with Franchisor;
(2) Franchisee agrees to discontinue the use of any Website and social media used in connection with the Franchised Business or otherwise referring to the Marks or FocalPoint Franchised Businesses;
(3) Franchisee agrees, at Franchisee's expense, to take the action required to cancel all fictitious or assumed name or equivalent registrations relating to Franchisee's use of any Mark;
(4) Franchisee agrees, at Franchisee's expense, to deliver to Franchisor within thirty (30) days all signs, sign-faces, sign-cabinets, marketing materials, forms, and other materials containing any Mark or otherwise identifying or relating to a FocalPoint Franchised Business that Franchisor requests and allow Franchisor, without liability to Franchisee or third parties for trespass or any other claim, to enter the Office and remove these items and to remove these items from any vehicles used by the Franchised Business;
(5) Franchisee agrees promptly and at Franchisee's own expense to make the alterations Franchisor specifies in Franchisor's Operations Manual (or otherwise) to distinguish the Office and the Franchised Business clearly from its former appearance and from other FocalPoint Franchised Businesses in order to prevent public confusion;
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, franchisees face several obligations regarding the use of Focalpoint Coaching's marks upon termination or expiration of the franchise agreement. These stipulations are designed to protect the brand's identity and prevent confusion in the marketplace.
Specifically, a franchisee cannot identify themselves or their business as a current or former Focalpoint Coaching franchise, nor can they use any marks or imitations thereof. This restriction extends to any trade name or commercial symbol that suggests an association with Focalpoint Coaching. Franchisees must also discontinue using any websites or social media accounts connected with the franchise or displaying Focalpoint Coaching's marks.
Furthermore, the franchisee is responsible for canceling all assumed name registrations related to their use of Focalpoint Coaching's marks, and they must deliver all materials bearing the marks (signs, marketing materials, etc.) to Focalpoint Coaching within 30 days of termination or expiration, allowing Focalpoint Coaching to remove these items. Lastly, franchisees must alter their office to clearly differentiate it from its former appearance and from other Focalpoint Coaching franchises to avoid public confusion, following the specifications in Focalpoint Coaching's Operations Manual.