What items, if any, is a Focalpoint Coaching franchisee permitted to retain after the agreement expires or is terminated?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
When this Agreement expires or is terminated:
(1) Franchisee may not directly or indirectly at any time or in any manner (except with other FocalPoint Franchised Businesses Franchisee owns and operates) identify itself or any business as a current or former FocalPoint Franchised Business or as one of Franchisor's current or former franchise owners; use any Mark, any colorable imitation of a Mark, or other indicia of a FocalPoint Franchised Business in any manner or for any purpose; or use for any purpose any trade name, trade or service mark, or other commercial symbol that indicates or suggests a connection or association with Franchisor;
(2) Franchisee agrees to discontinue the use of any Website and social media used in connection with the Franchised Business or otherwise referring to the Marks or FocalPoint Franchised Businesses;
(3) Franchisee agrees, at Franchisee's expense, to take the action required to cancel all fictitious or assumed name or equivalent registrations relating to Franchisee's use of any Mark;
(4) Franchisee agrees, at Franchisee's expense, to deliver to Franchisor within thirty (30) days all signs, sign-faces, sign-cabinets, marketing materials, forms, and other materials containing any Mark or otherwise identifying or relating to a FocalPoint Franchised Business that Franchisor requests and allow Franchisor, without liability to Franchisee or third parties for trespass or any other claim, to enter the Office and remove these items and to remove these items from any vehicles used by the Franchised Business;
(5) Franchisee agrees promptly and at Franchisee's own expense to make the alterations Franchisor specifies in Franchisor's Operations Manual (or otherwise) to distinguish the Office and the Franchised Business clearly from its former appearance and from other FocalPoint Franchised Businesses in order to prevent public confusion;
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, when the franchise agreement expires or is terminated, the franchisee must discontinue using any website and social media used in connection with the franchised business or referring to the Focalpoint Coaching marks. The franchisee must also take action to cancel all fictitious or assumed name registrations relating to the use of any mark at their own expense.
Additionally, the Focalpoint Coaching franchisee must deliver to the franchisor all signs, sign-faces, sign-cabinets, marketing materials, forms, and other materials containing any mark or identifying or relating to the Focalpoint Coaching business within thirty days, at the franchisee's expense. The franchisor can enter the office and remove these items without liability. The franchisee is responsible for making alterations specified by Focalpoint Coaching in the Operations Manual to distinguish the office and business from its former appearance and other Focalpoint Coaching franchises to prevent public confusion.
In summary, a Focalpoint Coaching franchisee is not permitted to retain any items bearing the Focalpoint Coaching marks or anything that identifies the business as a Focalpoint Coaching franchise after the agreement expires or is terminated. The franchisee is responsible for removing all branding and ensuring no confusion remains about their affiliation with Focalpoint Coaching.