factual

What payments and reports must a Focalpoint Coaching franchisee have made to be eligible for transfer approval?

Focalpoint_Coaching Franchise · 2025 FDD

Answer from 2025 FDD Document

der that finances Franchisee's acquisition, development, and/or operation of the Franchised Business without having to obtain Franchisor's prior written approval as long as Franchisee gives Franchisor ten (10) days' prior written notice.

C. CONDITIONS FOR APPROVAL OF TRANSFER.

If Franchisee (and Franchisee's owners) is fully complying with this Agreement, then, subject to the other provisions of this Section 12, Franchisor will approve a transfer that meets all of the requirements in this Subsection 12.C.

If Franchisee is an entity, Franchisee's owners may transfer a non-controlling ownership interest in Franchisee or Franchisee's owners (determined as of the date on which the proposed transfer will occur) if: (1) the proposed transferee and its direct and indirect owners (if the transferee is an Entity) are of good character and otherwise meet Franchisor's then applicable standards for FocalPoint Franchised Business franchise owners (including no ownership interest in or performance of services for a Competitive Business, unless Franchisor provides prior written consent in its sole discretion); and (2) Franchisee gives Franchisor prior written notice of the transfer.

For any other proposed transfer (including a transfer of this Agreement, a transfer of a controlling ownership interest in Franchisee or one of Franchisee's owners, or a transfer which is one of a series of transfers (regardless of the time period over which these transfers take place) which in the aggregate transfer this Agreement or a controlling ownership interest in Franchisee or one of Franchisee's owners) all of the following conditions must be met before or concurrently with the effective date of the transfer:

  • (1) the transferee has sufficient business experience, aptitude, and financial resources to operate the Franchised Business;

Source: Item 22 — Contracts (FDD pages 56–57)

What This Means (2025 FDD)

According to Focalpoint Coaching's 2025 Franchise Disclosure Document, a franchisee must be in full compliance with the Franchise Agreement to be eligible for transfer approval. If the franchisee meets this condition, Focalpoint Coaching will approve a transfer that meets the requirements outlined in Subsection 12.C of the agreement.

For transfers other than those to a wholly-owned corporation or LLC, several conditions must be met before or concurrently with the transfer. These include ensuring the proposed transferee meets Focalpoint Coaching's standards for franchisees, such as good character and no involvement with competitive businesses without prior consent. The franchisee must also provide Focalpoint Coaching with prior written notice of the transfer.

Additionally, Focalpoint Coaching retains the right to review all information the franchisee provides to the transferee, correct any inaccuracies, and provide the transferee with copies of any reports the franchisee has given Focalpoint Coaching or that Focalpoint Coaching has made regarding the franchised business. This ensures transparency and allows Focalpoint Coaching to maintain control over the quality and consistency of its franchise operations even after a transfer.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.