Who is required to execute the Non-Disclosure and Non-Competition Agreement for a Focalpoint Coaching franchise?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to have our Non-Disclosure and Non-Competition Agreement (the current form of which is attached as Exhibit D of the Franchise Agreement) executed by all of the following persons: (i) the Business Manager and any supervisory or other employees and Associates who have received or will receive training from us, prior to their employment; (ii) if you are an entity, all your officers, directors, shareholders, partners, members and owners, and those of any entity directly or indirectly controlling you, at the same time the Franchise Agreement is signed, or at such time as they assume such status; and (iii) you, your owners and your and your owners' spouses. You agree to provide us copies of all executed Nondisclosure and Non-Competition Agreements no later than 10 days following their execution. We will be a third party beneficiary of that agreement with independent enforcement rights.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 40–42)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, several individuals are required to execute the Non-Disclosure and Non-Competition Agreement. This agreement aims to protect Focalpoint Coaching's confidential information and prevent unfair competition.
The following individuals must sign the agreement: the Business Manager, any supervisory or other employees and Associates who receive training from Focalpoint Coaching, prior to their employment. If the franchisee is an entity, all officers, directors, shareholders, partners, members, and owners, including those of any entity directly or indirectly controlling the franchisee, must sign the agreement when the Franchise Agreement is signed or when they assume such status. Finally, the franchisee, their owners, and their spouses are also required to execute the agreement.
Focalpoint Coaching requires franchisees to provide copies of all executed Non-Disclosure and Non-Competition Agreements within 10 days of their execution. Focalpoint Coaching is a third-party beneficiary of the agreement, granting them independent enforcement rights. This ensures that Focalpoint Coaching can directly enforce the agreement against any individual who violates its terms, regardless of whether the franchisee takes action.