Does the Focalpoint Coaching Nondisclosure and Non-Competition Agreement specify any fees associated with the non-disclosure or non-competition obligations?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS NONDISCLOSURE AND NON-COMPETITION AGREEMENT (this |
|---|
| "Agreement") is made as of the |
| day of, 20, is executed by |
| ("Individual," "me," or "I") for the benefit of |
| a |
| Nevada |
| corporation |
| ("Company"), |
| and |
| for |
| FOCALPOINT |
| COACHING, |
| INC., |
| , a/an ("Franchisee"). |
| Franchisee is a franchisee of Company pursuant to a franchise agreement entered into by |
| those parties concerning a business operating, or to be operated, under the "FocalPoint" name at |
| (the |
| "Franchise |
| Agreement"). |
| The |
| franchised |
| business |
| Company authorizes Franchisee to operate under the Franchise Agreement is known as the |
| "Business," which Business is one among all businesses that Company owns, operates, or |
| franchises under the "FocalPoint" name. I agree that, unless otherwise specified, all capitalized |
| terms in this Agreement have those meanings ascribed to them in the Franchise Agreement. |
I further agree that, during the term of my employment/service/association or ownership participation, I will not, directly or indirectly, engage or participate in any Competitive Business (defined below in this paragraph), any of which such prohibited behavior I understand and hereby explicitly acknowledge would or could be injurious to, or (in Company's sole judgment) have an adverse effect upon, Company's protectable interests in the Confidential Information, the "FocalPoint" trademark or related Marks, or the goodwill and/or reputation of FocalPoint Franchised Businesses generally. I agree that, unless Company provides prior written consent in its sole discretion, I am prohibited from engaging in any Competitive Business as a proprietor, partner, investor, shareholder, director, officer, employee, principal, agent, advisor, or consultant. For purposes of this Agreement, a "Competitive Business" means (i) any business which derives more than twenty percent (20%) of its revenue from selling business training or business consulting services and/or selling or offering products similar to those offered or sold by the Business; or (ii) grants franchises or licenses to others to operate the type of business specified in the preceding subparagraph (i) (other than a FocalPoint Franchised Business operated under a franchise agreement with Company). Despite the foregoing definition of a Competitive Business, nothing under this Agreement or the Franchise Agreement will prevent Individual from owning for investment purposes less than two percent (2%) of a Competitive Business whose stock or other forms of ownership interest are publicly traded on a recognized United States stock exchange, and so long as neither Individual nor Franchisee controls the company in question.
Upon the expiration or other termination for any reason of my employment, association, service or ownership participation, I agree:
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the excerpts provided do not specify any fees associated with the Nondisclosure and Non-Competition Agreement. The document includes the agreement itself, which outlines the terms and obligations of the individual signing it, but it does not mention any fees for non-disclosure or non-competition. The agreement primarily focuses on protecting Focalpoint Coaching's confidential information, trademarks, and goodwill.
The agreement states that during the term of employment, service, association, or ownership participation, the individual cannot directly or indirectly engage in any Competitive Business. A Competitive Business is defined as any business deriving more than 20% of its revenue from selling business training or consulting services or granting franchises or licenses to others to operate a similar type of business.
Upon termination of employment, association, service, or ownership participation, the individual is still bound by certain obligations to protect Focalpoint Coaching's interests. However, there is no mention of any fees payable in relation to these obligations. As the FDD excerpts do not provide information on fees associated with the non-disclosure and non-competition agreement, it is recommended that a prospective franchisee ask the franchisor directly about any potential costs or fees related to these obligations to gain a comprehensive understanding of the financial implications.