Does Focalpoint Coaching reserve the right to remotely connect to the franchisee's Computer System?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor's affiliates or designated suppliers license to Franchisee and for other maintenance and support services that Franchisor, Franchisor's affiliates or designated suppliers provide during this Agreement's term.
Despite the fact that Franchisee agrees to buy, use, and maintain the Computer System according to Franchisor's standards and specifications, Franchisee will have sole and complete responsibility for: (1) the acquisition, operation, maintenance, and upgrading of the Computer System; (2) the manner in which Franchisee's Computer System interfaces with Franchisor's and any third party's computer system; and (3) any and all consequences if the Computer System is not properly operated, maintained, and upgraded. Franchisor reserves the right to connect remotely to the Computer System.
Franchisee hereby consents to Franchisor obtaining, using and disclosing to third parties (including, without limitation, prospective franchisees, financial institutions, legal and financial advisors), for any purpose or as may be required by law, any financial or other information contained in or resulting from information, data, materials, statements and reports received by Franchisor or disclosed to Franchisor, whether by means of the Computer System or otherwise, in accordance with this Agreement. Franchisee will obtain such consents from third parties, including Franchisee's clients, as are necessary in order to give effect to the foregoing.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, Focalpoint Coaching does reserve the right to remotely connect to the franchisee's computer system. However, the franchisee is ultimately responsible for the acquisition, operation, maintenance, and upgrading of the computer system. They are also responsible for how their system interfaces with Focalpoint Coaching's and any third party's systems. The franchisee bears the consequences if the computer system is not properly maintained.
Focalpoint Coaching is allowed to obtain, use, and disclose to third parties any financial or other information contained in or resulting from information, data, materials, statements, and reports received by Focalpoint Coaching, whether through the computer system or otherwise. This includes disclosures to prospective franchisees, financial institutions, and legal and financial advisors for any purpose or as required by law.
This means that while Focalpoint Coaching can access the franchisee's computer system remotely, the franchisee retains control over the system's operation and is accountable for its upkeep. The franchisee also consents to Focalpoint Coaching's use and disclosure of information obtained from the system. Prospective franchisees should carefully consider these provisions and ensure they understand their responsibilities regarding the computer system and data privacy.