What is the purpose of the Rider to the Focalpoint Coaching Franchise Agreement for use in Illinois?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Background. We and you are parties to that certain Franchise Agreement that has been signed at the same time as the signing of this Rider (the "Franchise Agreement"). This Rider is part of the Franchise Agreement. This Rider is being signed because (a) the offer or sale of the franchise for the Franchised Business that you will operate under the Franchise Agreement was made in the State of Illinois and the Franchised Business will be located in Illinois, and/or (b) you are a resident of Illinois.
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- Initial Fees. The following language is added to the end of Sections 3.A and 4.A of the Franchise Agreement:
Despite the payment provisions above, we will defer payment of initial fees owed by you to us under this Agreement until all of our pre-opening obligations have been satisfied and you commence doing business under this Agreement. This requirement has been imposed by the Illinois Attorney General's Office based on our audited financial statements.
- Governing Law. The following language is added to the end of Section 17.F of the Franchise Agreement:
However, Illinois law will apply to claims arising under the Illinois Franchise Disclosure Act.
- Consent to Jurisdiction. The following language is added to the end of Section 17.G of the Franchise Agreement:
However, subject to the parties' arbitration obligations, the parties submit to the jurisdiction and venue of the state and federal courts of competent jurisdiction in Illinois for claims arising under the Illinois Franchise Disclosure Act.
- Waiver of Jury Trial. The following language is added to the end of the second paragraph of Section 17.H of the Franchise Agreement:
However, this waiver shall not apply to the extent prohibited by Section 705/41 of the Illinois Franchise Disclosure Act of 1987 or Illinois Regulations at Section 260.609.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the Rider to the Franchise Agreement for use in Illinois is required when the franchise is offered or sold in Illinois, or if the franchisee is a resident of Illinois. The Rider modifies the standard Franchise Agreement to comply with Illinois state law.
Specifically, the Rider addresses initial fees, stating that Focalpoint Coaching will defer payment of initial fees until all pre-opening obligations are met and the franchisee commences business. This requirement is imposed by the Illinois Attorney General's Office based on Focalpoint Coaching's audited financial statements. The Rider also stipulates that Illinois law will govern claims arising under the Illinois Franchise Disclosure Act.
Additionally, the Rider modifies the sections of the Franchise Agreement regarding consent to jurisdiction and waiver of jury trial. For claims arising under the Illinois Franchise Disclosure Act, the parties submit to the jurisdiction and venue of Illinois state and federal courts, and the waiver of a jury trial does not apply to the extent prohibited by Illinois law. These modifications ensure that Illinois franchisees have certain protections and rights under Illinois law, despite any conflicting provisions in the standard Franchise Agreement.