In North Dakota, how enforceable are non-competition covenants for Focalpoint Coaching franchisees?

According to Focalpoint Coaching's 2025 Franchise Disclosure Document, non-competition covenants are generally considered unenforceable in North Dakota. However, Focalpoint Coaching states that it will seek to enforce them to the extent enforceable. This information is specifically included as an addendum to Section 15.D of the Franchise Agreement for franchisees in North Dakota.

This means that while North Dakota law generally disfavors non-compete agreements, Focalpoint Coaching reserves the right to attempt to enforce them. A prospective franchisee should be aware that the enforceability of these covenants can be uncertain and may depend on the specific circumstances and how a court interprets the law.

It is advisable for potential Focalpoint Coaching franchisees in North Dakota to seek legal counsel to fully understand the implications of the non-competition covenants and how they might be applied in practice. Understanding the limitations and potential for enforcement is crucial before entering into a franchise agreement.