Is the Rider part of the Franchise Agreement for Focalpoint Coaching?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
LIFORNIA**
| Henderson, | Nevada | 89052 | ("we," | "us" | or | "our"), | and |
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| Nevada corporation with its principal business address at 2831 St. Rose Parkway, Suite 234, the Franchise Agreement (defined below), by and between FOCALPOINT COACHING, INC., a | |||||||
| This Rider | (the "Rider") is made and entered into as of the Effective Date as stated in |
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- Background. We and you are parties to that certain Franchise Agreement that has been signed at the same time as the signing of this Rider (the "Franchise Agreement"). This Rider is part of the Franchise Agreement. This Rider is being signed because (a) the offer or sale of the franchise for the Franchised Business that you will operate under the Franchise Agreement was made in the State of California, and/or (b) you are a resident of California and the Franchised Business will be located in California.
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- Initial Fees. The following language is added to the end of Sections 3.A and 4.A of the Franchise Agreement:
Despite the payment provisions above, payment of all initial fees owed by you to us under this Agreement is postponed until after all of our initial obligations are complete and you commence doing business.
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- Late Fees and Interest. Section 3.I of the Franchise Agreement is revised to reflect that the maximum interest rate in California currently is 10% annually, notwithstanding any statement to the contrary contained in Section 3.I of the Franchise Agreement.
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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.
SIGNATURES ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties have executed and delivered this Rider effective on the Agreement Date.
| FOCALPOINT COACHING, INC. | FRANCHISE OWNER | |---------------------------------------|---------------------------------------------------------------------------------------------------------| | By: Stephen A. Thompson, President | (IF YOU ARE TAKING THE FRANCHISE AS A CORPORATION, LIMITED LIABILITY COMPANY, OR PARTNERSHIP): | | DATED: | [Print Name of Franchisee Entity] By: [Signature of person signing on behalf of entity] Title: DATED: |
RIDER TO THE FOCALPOINT COACHING, INC. FRANCHISE AGREEMENT FOR USE IN HAWAII
| whose principal business address is | | | | | | ("you" or "your").
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the Rider is an integral part of the Franchise Agreement. Specifically, Item 22 discusses various state-specific riders that modify the standard agreement to comply with local laws. These riders are signed concurrently with the Franchise Agreement and are annexed to it, indicating they are legally binding components. This ensures that the franchise operation adheres to the specific regulations of the state in which the franchisee is operating or residing.
For a prospective Focalpoint Coaching franchisee, this means that the terms and conditions of their Franchise Agreement will be influenced by a Rider that addresses state-specific legal requirements. For example, franchisees in Washington, North Dakota, Illinois, Maryland, New York, Minnesota, and Virginia will have Riders that modify aspects such as initial fees, releases, covenants not to compete, arbitration, governing law, and other provisions to align with those states' franchise laws.
The Rider's provisions can have a direct impact on the franchisee's obligations and rights. For instance, the Washington Rider stipulates that initial franchise fees are not required until pre-opening obligations are met and the business is open. Similarly, the North Dakota Rider addresses the enforceability of non-compete covenants, while the New York Rider ensures that franchisees retain all rights and causes of action under New York's General Business Law. These modifications are crucial for ensuring compliance and protecting the franchisee's interests within the legal framework of their specific state.
Therefore, it is essential for potential Focalpoint Coaching franchisees to carefully review the Rider applicable to their state in conjunction with the standard Franchise Agreement. Understanding these state-specific modifications is vital for making informed decisions and ensuring a clear understanding of their rights and responsibilities under the franchise agreement. Franchisees should seek legal counsel to fully comprehend the implications of these Riders and how they affect their franchise operations.