What law governs the Focalpoint Coaching Franchise Agreement in North Dakota?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
- Governing Law. The following language is added to the end of Section 17.F of the Franchise Agreement:
FocalPoint Coaching Inc. FocalPoint – 03/2025 Unit FDD
Notwithstanding the foregoing, to the extent required by the North Dakota Franchise Investment Law, North Dakota law will apply to this Agreement.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, the Franchise Agreement is generally governed by the law specified in Section 17.F of the agreement. However, to the extent required by the North Dakota Franchise Investment Law, North Dakota law will apply to the agreement. This means that while the agreement may initially be subject to a different jurisdiction's laws, certain provisions of North Dakota law will take precedence if mandated by the state's franchise investment law. This ensures that Focalpoint Coaching franchisees in North Dakota receive the protections afforded to them under state law.
This provision is included in a rider to the standard Focalpoint Coaching franchise agreement specifically for use in North Dakota. The rider acknowledges that the franchisee is a resident of North Dakota, the franchised business will be located in North Dakota, and/or the offer or sale of the franchise was made in North Dakota. This highlights the importance of understanding state-specific franchise laws, as they can significantly impact the terms and enforcement of the franchise agreement.
Furthermore, the FDD specifies that several sections of the Franchise Agreement are modified by the North Dakota Franchise Investment Law. These modifications include aspects such as arbitration location, the ability to bring action in North Dakota, and time limitations on claims. These stipulations collectively ensure that Focalpoint Coaching franchisees operating in North Dakota are subject to specific legal protections and rights under North Dakota law, regardless of what the standard agreement might otherwise stipulate.