Does Focalpoint Coaching require franchisees to exchange information via email?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
20. ELECTRONIC MAIL.
Franchisee acknowledges and agrees that exchanging information with Franchisor by email is efficient and desirable for day-to-day communications and that Franchisor and Franchisee may utilize e-mail for such communications. Franchisee authorizes the transmission of e-mail by Franchisor and Franchisor's employees, vendors, and affiliates ("Official Senders") to Franchisee during the term of this Agreement.
Franchisee further agrees that: (a) Official Senders are authorized to send e-mails to those of Franchisee's employees as Franchisee may occasionally authorize for the purpose of communicating with Franchisor; (b) Franchisee will cause Franchisee's officers, directors, and employees to give their consent to Official Senders' transmission of e-mails to them; (c) Franchisee will require such persons not to opt out or otherwise ask to no longer receive emails from Official Senders during the time that such person works for or is affiliated with
Franchisee; and (d) Franchisee will not opt out or otherwise ask to no longer receive e-mails from Official Senders during the term of this Agreement.
The consent given in this Section 20 shall not apply to the provision of notices by either party under this Agreement pursuant to Section 18 using e-mail unless the parties otherwise agree in a written document manually signed by both parties.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, Focalpoint Coaching franchisees acknowledge that exchanging information with the franchisor by email is considered efficient and desirable for day-to-day communications. As such, Focalpoint Coaching and its franchisees may use email for such communications.
The FDD states that Focalpoint Coaching franchisees authorize the transmission of email by Focalpoint Coaching, its employees, vendors, and affiliates to the franchisee during the term of the Franchise Agreement. Franchisees also agree that Focalpoint Coaching and its affiliates are authorized to send emails to those of the franchisee's employees that the franchisee may authorize to communicate with Focalpoint Coaching.
Furthermore, Focalpoint Coaching franchisees must ensure that their officers, directors, and employees consent to receiving emails from Focalpoint Coaching and its affiliates. Franchisees must also ensure that these individuals do not opt out of receiving these emails during their affiliation with the franchisee. The franchisee themselves also agrees not to opt out of receiving emails from Focalpoint Coaching during the term of the Franchise Agreement.
However, the consent to communicate via email does not extend to the provision of notices under the Franchise Agreement, which requires manual signatures unless both parties agree otherwise in writing.