What happens to ideas, concepts, or materials concerning a Focalpoint Coaching Franchised Business created by the franchisee?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
All ideas, concepts, techniques, or materials relating to a FocalPoint Franchised Business, whether or not protectable intellectual property and whether created by or for Franchisee or Franchisee's owners or employees, must be promptly disclosed to Franchisor and will be deemed to be Franchisor's sole and exclusive property, part of the Franchise System, and works madefor-hire for Franchisor. To the extent that any item does not qualify as a "work made-for-hire" for Franchisor, by this paragraph Franchisee assigns ownership of that item, and all related rights to that item, to Franchisor, hereby waives all moral rights in that item, and hereby agrees to take whatever action Franchisor requests to evidence Franchisor's ownership or to help Franchisor obtain intellectual property rights in the item (including signing assignment or other documents, and causing Franchisee's owners, employees and contractors to do the same). Franchisee may not use any such idea, concept, technique or material in connection with the Franchised Business without Franchisor's prior approval.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 40–42)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, any ideas, concepts, techniques, or materials related to a Focalpoint Coaching Franchised Business, regardless of whether they are eligible for intellectual property protection, and regardless of who created them (the franchisee, their owners, or employees), must be promptly disclosed to Focalpoint Coaching. These creations are considered the sole and exclusive property of Focalpoint Coaching, becoming part of the Franchise System and classified as works made-for-hire for the company.
To the extent that any item does not legally qualify as a "work made-for-hire," the franchisee is required to assign ownership and all related rights to Focalpoint Coaching. The franchisee also waives all moral rights to the item and agrees to take any action Focalpoint Coaching requests to demonstrate their ownership or to help them secure intellectual property rights. This includes signing assignment documents and ensuring that the franchisee's owners, employees, and contractors do the same.
The franchisee is prohibited from using any such idea, concept, technique, or material in connection with their Focalpoint Coaching Franchised Business without obtaining prior approval from Focalpoint Coaching. This clause emphasizes that Focalpoint Coaching maintains control over the intellectual property and operational methods within its franchise system, even concerning innovations or creations developed by its franchisees.