In Illinois, can a person acquiring a Focalpoint Coaching franchise waive compliance with the Illinois Franchise Disclosure Act?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
inois law governs the Franchise Agreement.
In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
Your rights upon Termination and Non-Renewal of an agreement are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act.
In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, several provisions protect franchisees in Illinois from unintentionally waiving their rights under the Illinois Franchise Disclosure Act (IFDA). Specifically, any condition, stipulation, or provision that attempts to bind a person acquiring a Focalpoint Coaching franchise to waive compliance with the IFDA or any other Illinois law is void, as stated in conformance with section 41 of the IFDA. This means that franchisees cannot be forced or coerced into giving up their legal protections under Illinois franchise law.
To further protect franchisees, Focalpoint Coaching includes specific language in its franchise agreement for Illinois. One such provision states that nothing in Section 17.J of the agreement can shorten the period within which a franchisee may bring a claim under Section 705/27 of the IFDA. Additionally, Section 17.J cannot constitute a condition, stipulation, or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of the IFDA of 1987 or any other Illinois law, provided the jurisdictional requirements of that Illinois law are met. This ensures that the general limitation of claims within the agreement does not inadvertently limit a franchisee's rights under Illinois law.
Moreover, Focalpoint Coaching adds a new Section 17.P to the franchise agreement, explicitly stating that nothing in the agreement constitutes a condition, stipulation, or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of the IFDA of 1987 or any other Illinois law, again subject to meeting the jurisdictional requirements of Illinois law. This reinforces the franchisor's commitment to upholding franchisee rights under Illinois law and preventing any unintentional waivers. These measures collectively ensure that Focalpoint Coaching franchisees in Illinois retain their full legal rights and protections under the IFDA.