What obligation does a Focalpoint Coaching franchisee have regarding their employees' consent to receive emails from Official Senders?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee further agrees that: (a) Official Senders are authorized to send e-mails to those of Franchisee's employees as Franchisee may occasionally authorize for the purpose of communicating with Franchisor; (b) Franchisee will cause Franchisee's officers, directors, and employees to give their consent to Official Senders' transmission of e-mails to them; (c) Franchisee will require such persons not to opt out or otherwise ask to no longer receive emails from Official Senders during the time that such person works for or is affiliated with
Franchisee; and (d) Franchisee will not opt out or otherwise ask to no longer receive e-mails from Official Senders during the term of this Agreement.
The consent given in this Section 20 shall not apply to the provision of notices by either party under this Agreement pursuant to Section 18 using e-mail unless the parties otherwise agree in a written document manually signed by both parties.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, a franchisee has specific obligations regarding their employees' consent to receive emails from "Official Senders" (defined as Focalpoint Coaching, its employees, vendors, and affiliates). The franchisee must ensure their officers, directors, and employees consent to receive emails from these Official Senders if the franchisee authorizes them to communicate with Focalpoint Coaching.
Furthermore, the Focalpoint Coaching franchisee is responsible for ensuring that these individuals do not opt out of receiving emails from Official Senders during their employment or affiliation with the franchisee. This requirement is in place to facilitate efficient communication between Focalpoint Coaching and the franchisee's staff for business-related matters.
This obligation does not extend to formal notices provided under the Franchise Agreement, unless both parties specifically agree in writing to use email for such notices. The franchisee themselves also agrees not to opt out of receiving emails from Official Senders during the term of the Franchise Agreement, ensuring they remain informed of important updates and communications from Focalpoint Coaching.