What is the relationship between the Rider and the Franchise Agreement for a Focalpoint Coaching franchise?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
LIFORNIA**
| Henderson, | Nevada | 89052 | ("we," | "us" | or | "our"), | and |
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| 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 |
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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 California, and/or (b) you are a resident of California and the Franchised Business will be located in California.
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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, payment of all initial fees owed by you to us under this Agreement is postponed until after all of our initial obligations are complete and you commence doing business.
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- Late Fees and Interest. Section 3.I of the Franchise Agreement is revised to reflect that the maximum interest rate in California currently is 10% annually, notwithstanding any statement to the contrary contained in Section 3.I of the Franchise Agreement.
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- No Waiver of Disclaimer of Reliance. 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.
SIGNATURES ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties have executed and delivered this Rider effective on the Agreement Date.
| FOCALPOINT COACHING, INC. | FRANCHISE OWNER | |---------------------------------------|---------------------------------------------------------------------------------------------------------| | By: Stephen A. Thompson, President | (IF YOU ARE TAKING THE FRANCHISE AS A CORPORATION, LIMITED LIABILITY COMPANY, OR PARTNERSHIP): | | DATED: | [Print Name of Franchisee Entity] By: [Signature of person signing on behalf of entity] Title: DATED: |
RIDER TO THE FOCALPOINT COACHING, INC. FRANCHISE AGREEMENT FOR USE IN HAWAII
| whose principal business address is | | | | | | ("you" or "your").
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the Rider is an integral part of the Franchise Agreement. Specifically, the Rider is annexed to and forms part of the Franchise Agreement. The FDD indicates that the Rider is signed concurrently with the Franchise Agreement.
The purpose of the Rider is to address specific legal requirements or modifications based on the franchisee's location or the location where the franchise was offered or sold. For example, Riders are included for franchisees in Washington, North Dakota, New York, Illinois, Minnesota, and Virginia. These Riders may modify certain sections of the Franchise Agreement to comply with state-specific franchise laws.
Prospective Focalpoint Coaching franchisees should carefully review any Rider attached to their Franchise Agreement, as it contains important information about their rights and obligations under the franchise agreement, particularly as they relate to the laws of their state. The Rider may address topics such as initial fees, releases, covenants not to compete, arbitration, governing law, consent to jurisdiction, and waivers.