When Focalpoint Coaching purchases a franchise, what assurances regarding contracts and liabilities must the Franchisee provide?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
etary Products and has the right to restrict Franchisee's sources of other goods and services as well, as provided in various sections of this Agreement, including Subsection 8.B below.
- (11) That Franchisor has not made any representation, warranty, or other claim regarding this FocalPoint Franchised Business franchise opportunity, other than those made in this Agreement and Franchisor's Franchise Disclosure Document, and that Franchisee has independently evaluated this opportunity, including by using Franchisee's business professionals and advisors, and has relied solely upon those evaluations in deciding to enter into this Agreement.
- (12) That Franchisee has been afforded an opportunity to ask any questions Franchisee has and to review any materials of interest to Franchisee concerning the FocalPoint Franchised Business franchise opportunity.
- (13) That Franchisee has been afforded an opportunity, and has been encouraged by Franchisor, to have this Agreement and all other agreements and materials Franchisor has given or made available to Franchisee reviewed by an attorney and has either done so or waived Franchisee's right to do so.
C. CORPORATION, LIMITED LIABILITY COMPANY, OR PARTNERSHIP.
If Franchisee is at any time a corporation, limited liability company, general or limited partnership or other form of business entity (each, an "Entity"), Franchisee agrees and represents that:
- (1) Franchisee will have the authority to execute, deliver, and perform Franchisee's obligations under this Agreement and all related agreements and are duly organized or formed and validly existing in good standing under the laws of the state of Franchisee's incorporation or formation;
- (2) Franchisee's organizational documents, operating agreement, or partnership agreement, as applicable, will recite that this Agreement restricts the issuance and transfer of any ownership interests in Franchisee, and all certificates and other documents representing ownership interests in Franchisee will bear a legend referring to this Agreement's restrictions;
- (3) Exhibit A to this Agreement completely and accurately describes all of Franchisee's owners and their interests in Franchisee as of the Effective Date;
- (4) Each of Franchisee's owners during this Agreement's term will execute a guaranty in the form Franchisor prescribes undertaking personally to be bound, jointly and severally, by all provisions of this Agreement and any ancillary agreements between Franchisee and Franchisor.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, if the franchisee is a corporation, limited liability company, general or limited partnership, or other form of business entity, the franchisee must adhere to specific agreements and representations.
The franchisee must maintain comprehensive public liability, general liability, product liability, and motor vehicle liability insurance at their sole expense. This insurance coverage protects against claims for bodily and personal injury, death, and property damage occurring in connection with the franchised business's operation. Focalpoint Coaching can periodically increase the required coverage amounts or mandate different or additional insurance coverages to reflect inflation, new risks, changes in law, higher damage awards, or other relevant changes. The required coverage must include insurers' waiver of subrogation against Focalpoint Coaching, and the franchisee must waive rights of recovery against Focalpoint Coaching.
Furthermore, the franchisee acknowledges that Focalpoint Coaching has not made any representation, warranty, or other claim regarding the Focalpoint Coaching franchised business franchise opportunity, other than those made in the Franchise Agreement and Franchise Disclosure Document. The franchisee confirms they have independently evaluated the opportunity, including consulting their business professionals and advisors, and have relied solely upon those evaluations in deciding to enter into the agreement. The franchisee also confirms they have been afforded the opportunity to ask questions and review materials concerning the Focalpoint Coaching franchise opportunity and have been encouraged to have the agreement reviewed by an attorney.