If a Focalpoint Coaching franchisee is a resident of North Dakota, does this Rider apply?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
RIDER TO THE FOCALPOINT COACHING, INC. FRANCHISE AGREEMENT FOR USE IN NORTH DAKOTA
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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.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, a specific rider to the franchise agreement is designated for use in North Dakota.
Specifically, the Rider is signed because either the franchisee is a resident of North Dakota and the franchised business will be located there, or the offer or sale of the franchise was made in North Dakota. This indicates that if a franchisee meets either of these conditions, the Rider is applicable.
The Rider includes several modifications to the standard Franchise Agreement to comply with North Dakota law. These modifications address aspects such as initial fees, releases, covenants not to compete, arbitration, governing law, consent to jurisdiction, limitation of claims, and waivers of disclaimers of reliance. For example, the Rider stipulates that Focalpoint Coaching will defer payment of initial fees until all pre-opening obligations are met and the franchisee commences business.
Therefore, if a Focalpoint Coaching franchisee is a resident of North Dakota or the franchise was offered or sold in North Dakota, this Rider is designed to apply, modifying the standard agreement to align with North Dakota's franchise laws.