Does the Rider to the Focalpoint Coaching Franchise Agreement supersede other terms in documents executed in connection with the franchise?

According to Focalpoint Coaching's 2025 Franchise Disclosure Document, the Rider to the Franchise Agreement includes a provision regarding the waiver of disclaimers of reliance. Specifically, this provision ensures that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including those related to fraud in the inducement, or disclaim reliance on statements made by Focalpoint Coaching or its representatives.

This "no waiver of disclaimer of reliance" clause explicitly supersedes any other conflicting terms in any document executed in connection with the Focalpoint Coaching franchise. This means that if any other agreement or document associated with the franchise contains language that contradicts this provision, the Rider's clause will take precedence. This is particularly relevant to protect franchisees from inadvertently relinquishing their legal rights or claims during the initial stages of the franchise relationship.

This clause is included in the Rider for franchisees in South Dakota, Virginia, North Dakota, Minnesota, New York and Maryland. For prospective Focalpoint Coaching franchisees, this offers a degree of protection against potentially overreaching waivers or disclaimers that might be present in other franchise-related documents. It reinforces the franchisee's right to pursue legal claims related to fraud or misrepresentation, regardless of any conflicting language elsewhere. Franchisees should carefully review all documents and understand their rights, especially concerning waivers and disclaimers, and consult with a legal professional if needed.