Why is the Rider being signed for the Focalpoint Coaching franchise agreement?
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 Focalpoint Coaching's 2025 Franchise Disclosure Document, the Rider to the Franchise Agreement is signed because of specific circumstances related to the franchisee's location or activities. For franchisees operating in certain states like Washington, North Dakota, Illinois, Maryland, South Dakota, Minnesota or New York, a rider is added to the franchise agreement.
Specifically, the Rider is required if the Focalpoint Coaching franchised business will be located in one of these states, if the franchisee is a resident of one of these states, or if any of the offering or sales activity related to the Franchise Agreement occurred in one of these states. The Rider serves to modify the standard Franchise Agreement to comply with specific state franchise laws and regulations.
These modifications can include, but are not limited to, adjustments to initial fee payment terms, inclusion of non-waiver of disclaimer of reliance clauses, modifications to covenant not to compete clauses, changes to governing law and consent to jurisdiction, and specific stipulations regarding releases and terminations, all tailored to align with the franchise laws of the relevant state. For example, in Illinois, the payment of initial fees may be deferred until pre-opening obligations are met due to requirements imposed by the Illinois Attorney General's Office.