What are the requirements for office development when opening a Focalpoint Coaching franchised business?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
franchise owner's successful operation. Franchisee has no right to require Franchisor to grant Franchisee a similar variation or accommodation.
2. OPENING OF FRANCHISED BUSINESS.
A. OFFICE DEVELOPMENT.
Franchisee is responsible for developing the Office. Franchisor reserves the right to give Franchisee mandatory and suggested specifications and layouts for a FocalPoint Franchised Business office, including requirements for dimensions, design, image, interior layout, decor, fixtures, signs, furnishings, and color scheme. These plans might not reflect the requirements of any federal, state, or local law, code, or regulation, including those arising under the Americans with Disabilities Act (the "ADA") or similar rules governing public accommodations for persons with disabilities. It is Franchisee's responsibility to make sure that the Office complies with the ADA and similar rules governing public accommodations for persons with disabilities, other applicable ordinances, building codes, permit requirements, and lease requirements and restrictions.
Franchisee agrees to do the following, at Franchisee's own expense, to develop the Office:
- (1) secure all financing required to develop and operate the Office;
- (2) obtain all required building, utility, sign, business, and other permits and licenses;
- (3) decorate the Office according to approved plans and specifications;
- (4) obtain all customary contractors' sworn statements and partial and final waivers of lien for construction, remodeling, decorating, and installation services;
- (5) purchase or lease, and install, all required fixtures, furniture, equipment (including a required or recommended computer and facsimile), furnishings, and signs (collectively, "Operating Assets") for the Office; and
- (6) purchase an opening inventory of authorized and approved Proprietary Products, other products, materials, and supplies to operate the Franchised Business.
B. OPERATING ASSETS.
Franchisee agrees to use in operating the Franchised Business only those Operating Assets that Franchisor approves for FocalPoint Franchised Businesses as meeting Franchisor's specifications and standards for quality, design, appearance, function, and performance. Franchisee agrees to place or display at the Office (interior and exterior) and on any vehicles used in connection with the Franchised Business only the signs, emblems, lettering, logos, and display materials that Franchisor approves from time to time. Franchisee agrees to purchase or lease approved brands, types, or models of Operating Assets only from suppliers Franchisor designates or approves (which may include or be limited to Franchisor and/or Franchisor's affiliates).
C. COMPUTER SYSTEM.
Franchisee agrees to obtain and use the computer hardware and/or operating software Franchisor may specify at any time and from time to time (the "Computer System"). Franchisor may modify specifications for and components of the Computer System. Franchisee agrees to maintain a functioning e-mail address. Franchisor's modification of specifications for the Computer System, and/or other technological developments or events, might require Franchisee to purchase, lease, and/or license new or modified computer hardware and/or software and to obtain service and support for the Computer System. Although Franchisor cannot estimate the future costs of the Computer System or required service or support, and although these costs might not be fully amortizable over this Agreement's remaining term, Franchisee agrees to incur the costs of obtaining the computer hardware and software comprising the Computer System (or additions and modifications) and required service or support. Franchisor has no obligation to reimburse Franchisee for any Computer System costs. Within sixty (60) days after Franchisee receives notice from Franchisor, Franchisee agrees to obtain the Computer System components that Franchisor designates and to ensure that Franchisee's Computer System, as modified, is functioning properly.
Franchisee agrees that Franchisor or Franchisor's affiliates may condition any license of proprietary software to Franchisee, or Franchisee's use of technology that Franchisor or Franchisor's affiliates develop or maintain, on Franchisee's signing a software license agreement or similar document that Franchisor or Franchisor's affiliates prescribe to regulate Franchisee's use of, and Franchisor's and Franchisee's respective rights and responsibilities with respect to, the software or technology.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, franchisees are responsible for developing their own office. Focalpoint Coaching reserves the right to provide mandatory and suggested specifications and layouts for the office, including requirements for dimensions, design, image, interior layout, decor, fixtures, signs, furnishings, and color scheme. These plans may not reflect federal, state, or local laws, including those arising under the Americans with Disabilities Act (ADA). It is the franchisee's responsibility to ensure the office complies with the ADA, applicable ordinances, building codes, permit requirements, and lease requirements and restrictions.
The franchisee is responsible for securing financing, obtaining necessary permits and licenses, decorating the office according to approved plans, and obtaining contractors' sworn statements and waivers of lien. They must also purchase or lease and install all required fixtures, furniture, equipment (including a computer and facsimile), furnishings, and signs, collectively known as "Operating Assets." Additionally, franchisees must purchase an opening inventory of authorized and approved proprietary products, materials, and supplies.
The franchisee must use only Focalpoint Coaching-approved Operating Assets that meet the franchisor's standards for quality, design, appearance, function, and performance. Franchisees must use only approved signs, emblems, lettering, logos, and display materials at the office and on any vehicles used for the business. They must purchase or lease approved brands, types, or models of Operating Assets only from suppliers that Focalpoint Coaching designates or approves, which may include Focalpoint Coaching or its affiliates.
The Franchised Business will be operated from an office located at the principal business address listed on Exhibit B, which may not be relocated without Focalpoint Coaching's prior written approval. The office may be located in a residence. If an office has not been approved in writing by Focalpoint Coaching as of the Effective Date, Franchisee agrees to locate an Office acceptable to Focalpoint Coaching and obtain Focalpoint Coaching's written approval of the location within sixty (60) days following the Effective Date. Franchisee must open and operate the Franchised Business within sixty (60) days following the Effective Date.