Is a Focalpoint Coaching franchisee's right to use the Marks unconditional?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee's right to use the Marks is derived only from this Agreement and limited to Franchisee's operation of the Franchised Business according to this Agreement and all System Standards Franchisor prescribes during its term. Franchisee's unauthorized use of the Marks is a breach of this Agreement and infringes Franchisor's and FocalPoint International's rights in the Marks.
If, in Franchisor's sole judgment, it becomes advisable at any time for Franchisor and/or Franchisee to modify or discontinue using any Mark and/or to use one or more additional or substitute trade or service marks, Franchisee agrees to comply with Franchisor's directions within a reasonable time after receiving notice.
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;
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, a franchisee's right to use the Marks is conditional. The right is specifically derived from the Franchise Agreement and is limited to the franchisee's operation of the Franchised Business in accordance with the agreement and all System Standards prescribed by Focalpoint Coaching. Unauthorized use of the Marks constitutes a breach of the agreement and infringes upon the rights of both Focalpoint Coaching and FocalPoint International.
Focalpoint Coaching retains the right to modify or discontinue the use of any Mark at any time if it deems advisable. The franchisee is obligated to comply with Focalpoint Coaching's directions regarding changes to or discontinuation of any Mark. This includes using additional or substitute trade or service marks. The franchisee bears the direct expenses of changing signs and will not be reimbursed for any loss of revenue or goodwill associated with modified or discontinued Marks.
Upon termination or expiration of the Franchise Agreement, the franchisee must cease all use of the Marks and any similar identifying elements, except in connection with other Focalpoint Coaching franchises they own and operate. This includes discontinuing the use of any website or social media referring to the Marks. The franchisee is also responsible for canceling any assumed name registrations related to the use of any Mark and for delivering all materials containing any Mark to Focalpoint Coaching. These stipulations ensure Focalpoint Coaching maintains control over its brand identity and prevents confusion after a franchise relationship ends.
These conditions are typical in franchising, as franchisors need to protect their trademarks and ensure consistent brand representation across all franchise locations. Prospective Focalpoint Coaching franchisees should understand these limitations and obligations regarding the use of the Marks, as non-compliance can lead to breach of contract and potential legal consequences.