factual

What is the purpose of the Rider to the Focalpoint Coaching Franchise Agreement for use in New York?

Focalpoint_Coaching Franchise · 2025 FDD

Answer from 2025 FDD Document

|---------------------------------------------------------------------------------------------|--------|-------|------------------------------------------------------------------------------|------|----|--------------------|-----| | | | | a | | | | | | Henderson, | Nevada | 89052 | ("we," | "us" | or | "our"), | and | | Nevada corporation with its principal business address at 2831 St. Rose Parkway, Suite 234, | | | | | | | | | the Franchise Agreement (defined below), by and between FOCALPOINT COACHING, INC., a | | | | | | | | | This Rider | | | (the "Rider") is made and entered into as of the Effective Date as stated in | | | | |

    1. Background. We and you are parties to that certain Franchise Agreement that has been signed concurrently with the signing of this Rider (the "Franchise Agreement"). This Rider is annexed to and forms 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 New York, and/or (b) you are a resident of New York and will operate the Business in New York.
    1. Releases. The following language is added to the end of the third paragraph in Section 4.A. and to the end of Sections 12.C.(8) and 13.C. of the Franchise Agreement:
    • , provided, however, that to the extent required by Article 33 of the General Business Law of the State of New York, all rights you enjoy 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 the proviso that the non-waiver provisions of GBL 687 and 687.5 be satisfied.
    1. Transfer by Us. The following language is added to the end of Section 12.A. of the Franchise Agreement:

However, to the extent required by applicable law, no assignment will be made except to an assignee who, in good faith and judgment of the franchisor, is willing and financially able to assume the franchisor's obligations under the franchise agreement.

  1. Termination by You. The following language is added to the end of Section 14.A of the Franchise Agreement:

The franchisee may terminate this Agreement on any grounds available by law under the provisions of Article 33 of the General Business Law of the State of New York.

  1. Governing Law/Consent to Jurisdiction. The following language is added to the end of Sections 17.F and 17.G of the Franchise Agreement:

FocalPoint Coaching Inc. FocalPoint – 03/2025 Unit FDD

The forgoing choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by article 33 of the General Business law of the state of New York.

  1. Limitation of Claims. The following language is added to the end of Section 17.J of the Franchise Agreement:

However, 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;

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 New York is included when (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 New York, and/or (b) you are a resident of New York and will operate the Business in New York. The Rider is annexed to and forms part of the Franchise Agreement.

The Rider modifies certain sections of the standard Focalpoint Coaching Franchise Agreement to ensure compliance with New York General Business Law, Article 33. Specifically, it adds language to sections regarding releases, transfer by Focalpoint Coaching, termination by the franchisee, governing law/consent to jurisdiction, and limitation of claims. These additions clarify that the franchisee retains all rights and causes of action arising from Article 33 of the General Business Law of New York, and that the non-waiver provisions of GBL 687 and 687.5 are satisfied.

Furthermore, the Rider addresses the application of New York General Business Law, Article 33, clarifying that its provisions apply if the offer or sale of the franchise is deemed to have occurred in New York, such as when the franchisee is domiciled in New York and will open the franchise there. The Rider also includes a "No Waiver of Disclaimer of Reliance" provision, ensuring that no statement, questionnaire, or acknowledgment signed by the franchisee can waive claims under state franchise law or disclaim reliance on statements made by Focalpoint Coaching or its representatives. This provision supersedes any conflicting terms in other documents related to the franchise agreement.

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.