Does Focalpoint Coaching require a General Release, and if so, where can I find the form?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
I have received a Disclosure Document dated March 11, 2025 that included the following Exhibits: Exhibit A List of State Administrators/Agents for Service of Process Exhibit B Franchise Agreement Exhibit C Financial Statements Exhibit D Operations Manual Table of Contents Exhibit E List of Franchisees Exhibit F State Addenda and Franchise Agreement Riders Exhibit G Form of General Release Exhibit H Franchisee Disclosure Questionnaire
will keep Ten Thousand Dollars ($10,000) of the initial franchise fee. Franchisor will return the other Thirty-Five Thousand Dollars ($35,000) of the initial franchise fee to Franchisee if Franchisee signs a general release in Franchisor's then-current form of its required general release.
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:
Any general release shall not apply to the extent prohibited by law with respect to claims arising under the North Dakota Franchise Investment Law.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, a General Release form is used in specific financial transactions between the franchisee and franchisor. Specifically, if a Focalpoint Coaching franchisee decides to terminate the franchise agreement, Focalpoint Coaching will keep $10,000 of the initial franchise fee. However, the FDD states that Focalpoint Coaching will return the remaining $35,000 of the initial franchise fee to the franchisee if the franchisee signs a general release in Focalpoint Coaching's current required form.
The General Release form is listed as Exhibit G in the FDD. Item 22 lists the exhibits included in the Franchise Disclosure Document, and Exhibit G is explicitly identified as the 'Form of General Release.' This indicates that the form is a standard document provided by Focalpoint Coaching as part of the franchise agreement.
It is important to note that for franchisees in North Dakota, any general release shall not apply to the extent prohibited by law with respect to claims arising under the North Dakota Franchise Investment Law. This means that the enforceability of the general release may be limited by North Dakota state law, offering some protection to franchisees in that state regarding claims against Focalpoint Coaching.