Are future business plans relating to Focalpoint Coaching Franchised Businesses and the Focalpoint franchise opportunity, including expansion and development plans, considered confidential and proprietary?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
- (11) future business plans relating to FocalPoint Franchised Businesses and the FocalPoint franchise opportunity, including expansion and development plans; and
- (12) any other information that Franchisor reasonably designates as confidential or proprietary.
Franchisee acknowledges and agrees that Franchisee will not acquire any interest in Confidential Information, other than the right to use it as Franchisor specifies in operating the Franchised Business during this Agreement's term, and that Confidential Information is proprietary, includes Franchisor's trade secrets, and is disclosed to Franchisee only on the condition that Franchisee agrees, and Franchisee in fact does agree, that Franchisee:
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, future business plans relating to Focalpoint Coaching Franchised Businesses and the Focalpoint franchise opportunity, including expansion and development plans, are considered confidential and proprietary information. This means that franchisees are obligated to protect and not disclose these plans.
As a Focalpoint Coaching franchisee, you acknowledge that you will not acquire any interest in the confidential information, other than the right to use it as Focalpoint Coaching specifies in operating the franchised business during the agreement's term. This information is considered proprietary and includes Focalpoint Coaching's trade secrets. Disclosure is conditional upon your agreement to keep it confidential.
This confidentiality extends beyond the term of the franchise agreement. Franchisees and their employees agree not to communicate, divulge, or use confidential information for the benefit of any other person or entity. This includes, but is not limited to, site selection criteria, training materials, sales techniques, client lists, supplier information, operating results, and computer systems. The FDD emphasizes that franchisees must not copy, duplicate, or reproduce any confidential information or make it available to unauthorized persons.
The Franchise Agreement specifies that Focalpoint Coaching has expended considerable time and effort in developing its system for Focalpoint franchised businesses. This system includes specialized products and distinctive methods, procedures, standards, and specifications. The agreement also notes that Focalpoint Coaching uses and licenses certain trademarks and service marks, further emphasizing the proprietary nature of the business and the importance of maintaining confidentiality to protect the brand and its systems.