Is the Individual allowed to divulge the identity of Focalpoint Coaching suppliers?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
I agree that during the term of my employment by, ownership participation in, association with or service to Franchisee, or at any time thereafter, I will not communicate, divulge or use for the benefit of any other person, persons, partnership, proprietorship, association, corporation or entity, Company's proprietary and confidential information relating to the development and operation of FocalPoint Franchised Businesses, including but not limited to the following concerning FocalPoint Franchised Businesses: (1) site selection criteria; (2) training and operations materials and manuals; (3) sales, marketing and advertising programs and techniques; (4) client lists and records; (5) identity of suppliers, and knowledge of specifications and pricing for products, materials, supplies and equipment that Company authorizes; (6) knowledge of operating results and financial performance of businesses in the network, other than those franchised businesses that Franchisee owns; (7) computer systems and software programs; and (8) any and all other information Company provides to me, Franchisee, Franchisee's Owners or Affiliates that is designated orally or in writing as proprietary or confidential, or by its nature would reasonably be understood to be proprietary or confidential, regardless of whether such information is specifically designated as proprietary or confidential (collectively, all information referenced above, including examples (1) through (8), is known as the "Confidential Information").
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, franchisees are prohibited from divulging the identity of Focalpoint Coaching suppliers. The agreement specifies that during the term of employment, ownership, or association with the franchisee, or at any time thereafter, individuals are restricted from communicating or using confidential information for the benefit of any other entity. This restriction extends to the identity of suppliers and knowledge of specifications and pricing for products, materials, supplies, and equipment that Focalpoint Coaching authorizes.
This confidentiality clause is standard in franchising to protect the franchisor's proprietary information and maintain a competitive advantage. By preventing franchisees from sharing supplier information, Focalpoint Coaching can ensure consistent quality and pricing across its franchise network. It also prevents competitors from gaining access to their supply chain.
For a prospective Focalpoint Coaching franchisee, this means they must maintain strict confidentiality regarding supplier information. This obligation extends beyond the term of the franchise agreement. Failure to comply with this provision could result in legal action from Focalpoint Coaching. Franchisees should ensure that their employees and anyone associated with their business are also aware of and adhere to these confidentiality requirements.