Is Focalpoint Coaching required to furnish a New York prospectus, and if so, to whom?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
We are required to furnish a New York prospectus to every prospective franchisee who is protected under the New York General Business Law, Article 33.
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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.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, Focalpoint Coaching is required to furnish a New York prospectus to prospective franchisees who are protected under Article 33 of the New York General Business Law. Protection under this law extends to individuals domiciled in New York where the franchise will be opened in New York.
This means that if a prospective Focalpoint Coaching franchisee lives in New York and plans to operate their franchise within the state, Focalpoint Coaching must provide them with a New York prospectus. This prospectus is designed to provide specific information and protections mandated by New York law.
Furthermore, the FDD stipulates that no statement or acknowledgment signed by a franchisee can waive claims under any applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Focalpoint Coaching or its representatives. This provision reinforces the protections afforded to franchisees under New York law and ensures that franchisees cannot inadvertently relinquish their rights.