For Focalpoint Coaching franchises, what states does this specific Rider apply to?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
CALIFORNIA
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- The following paragraph is added at the end of Item 3 of the Disclosure Document:
Except as disclosed above, neither we nor any person identified in Item 2 is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities and Exchange Act of 1934, 15 U.S.C.A. Section 78a et seq., suspending or expelling such person from membership in such association or exchange.
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- THE CALIFORNIA FRANCHISE INVESTMENT LAW REQUIRES THAT A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE FRANCHISE BE DELIVERED TOGETHER WITH THE DISCLOSURE DOCUMENT.
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- OUR WEBSITE, www.focalpointcoaching.com, HAS NOT BEEN REVIEWED OR APPROVED BY THE CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION. ANY COMPLAINTS CONCERNING THE CONTENT OF THE WEBSITE MAY BE DIRECTED TO THE CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION AT www.dfpi.ca.gov.
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- The Department has determined that either the franchisor has not demonstrated it is adequately capitalized or that the franchisor must rely on franchise fees to fund operations. The Commissioner has imposed a financial assurance condition and franchisor has elected to defer franchisee's payment of initial fees to franchisor until franchisor has satisfied all of its preopening obligations and franchisee has commenced doing business.
Therefore, the following paragraph is added to the end of Item 5 of the Disclosure Document:
Payment of all initial fees is postponed until after all of franchisor's initial obligations are complete and franchisee commences doing business.
FocalPoint Coaching Inc. FocalPoint – 03/2025 Unit FDD
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- Background. We and you are parties to that certain Franchise Agreement that has been signed at the same time as the signing of this Rider (the "Franchise Agreement"). This Rider is part of the Franchise Agreement. This Rider is being signed because (a) the offer or sale of the franchise for the Franchised Business that you will operate under the Franchise Agreement was made in the State of Illinois and the Franchised Business will be located in Illinois, and/or (b) you are a resident of Illinois.
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- Background. We and you are parties to that certain Franchise Agreement that has been signed concurrently with the signing of this Rider (the "Franchise Agreement"). This Rider is annexed to and forms part of the Franchise Agreement. This Rider is being signed because (a) you are a resident of North Dakota and the Franchised Business will be located in North Dakota, and/or (b) the offer or sale of the franchise for the Franchised Business that you will operate under the Franchise Agreement was made in the State of North Dakota.
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- Application of Rider. There are circumstances in which an offering made by us would not fall within the scope of the New York General Business Law, Article 33, such as when the offer and acceptance occurred outside the State of New York. However, an offer or sale is deemed to be made in New York if you are domiciled in and the franchise will be opened in New York. We are required to furnish a New York prospectus to every prospective franchisee who is protected under the New York General Business Law, Article 33.
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- Background. We and you are parties to that certain Franchise Agreement that has been signed at the same time as the signing of this Rider (the "Franchise Agreement"). This Rider is part of the Franchise Agreement. This Rider is being signed because the Franchised Business that Franchisee will operate under the Franchise Agreement will be located in Virginia.
WASHINGTON ADDENDUM TO THE FOCALPOINT COACHING, INC. FRANCHISE AGREEMENT AND RELATED AGREEMENTS
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching FDD, the State Addenda and Franchise Agreement Riders apply to franchisees in California, Illinois, North Dakota, New York, Virginia, and Washington. These riders are signed because the offer or sale of the franchise was made in those specific states, the franchisee is a resident of those states, or the franchised business will be located in those states.
These state-specific addenda modify certain sections of the standard Focalpoint Coaching Franchise Agreement to comply with the franchise laws of those states. For example, the Illinois rider defers the payment of initial franchise fees until Focalpoint Coaching has met its pre-opening obligations and the franchisee has commenced business. The North Dakota rider addresses issues such as covenants not to compete and arbitration, reflecting North Dakota's specific legal requirements.
For a prospective Focalpoint Coaching franchisee, it is crucial to carefully review the state addendum (if any) that applies to their specific location or residency. These addenda can impact various aspects of the franchise agreement, including payment terms, dispute resolution, and legal rights. Understanding these state-specific modifications is essential for making an informed investment decision and ensuring compliance with local laws.
It is also important to note that other states may have registration, filing, or exemption requirements for franchises under laws regulating business opportunities or seller-assisted marketing plans. Therefore, prospective franchisees should consult with a franchise attorney to ensure they are fully aware of all applicable state laws and regulations.