How does Focalpoint Coaching provide notice of a waiver of obligation to the franchisee?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or any other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
The 2025 Focalpoint Coaching Franchise Disclosure Document (FDD) includes specific stipulations regarding waivers, particularly concerning state franchise laws. For franchisees in Minnesota, New York, North Dakota, and South Dakota, the FDD states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Focalpoint Coaching or its representatives. This provision overrides any conflicting terms in other documents related to the franchise agreement.
For Minnesota franchisees, Focalpoint Coaching will comply with Minn. Stat. Sec. 80C.14, Subds. 3, 4, and 5, which generally require 90 days' notice of termination (with 60 days to cure) and 180 days' notice of non-renewal, except in specific cases. Additionally, Minnesota law dictates that no action may be commenced under Minn. Stat. Sec. 80C.17 more than three years after the cause of action accrues. These stipulations ensure that franchisees in Minnesota retain their rights and protections under state law, regardless of any agreements or waivers they may have signed.
Similarly, for New York franchisees, the choice of law should not be considered a waiver of any right conferred upon the franchisor or the franchisee by article 33 of the General Business law of the state of New York. To the extent required by Article 33 of the General Business Law of the State of New York, all rights and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this provision that the non-waiver provisions of GBL Sections 687.4 and 687.5 be satisfied.
These provisions in the Focalpoint Coaching franchise agreement aim to protect franchisees by preventing unintentional or forced waivers of their legal rights, ensuring compliance with state franchise laws, and providing specific notice and cure periods for termination or non-renewal in certain states. Prospective franchisees should carefully review these sections and consult with legal counsel to fully understand their rights and obligations.