What section of the Focalpoint Coaching Franchise Agreement addresses limitations of claims?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
- Limitation of Claims. The following language is added to the end of Section 17.J of the Franchise Agreement:
However, the limitation of such claims shall not act to reduce the three (3)-year statute of limitations afforded to you for bringing a claim under the Maryland Franchise Registration and Disclosure Law.
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- Limitations of Claims. The following is added to the end of Section 17.J of the Franchise Agreement:
However, Minnesota law provides that no action may be commenced under Minn. Stat. Sec. 80C.17 more than three (3) years after the cause of action accrues.
- Limitation of Claims. The following language is added to the end of Section 17.J of the Franchise Agreement:
The time limitations set forth in this Section might be modified by the North Dakota Franchise Investment Law.
- Limitation of Claims. The following language is added to the end of Section 17.J of the Franchise Agreement:
However, to the extent required by Article 33 of the General Business Law of the State of New York, all rights and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this provision that the non-waiver provisions of GBL Sections 687.4 and 687.5 be satisfied.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, Item 22 discusses contract specifics and state-specific amendments to the standard Franchise Agreement. Several states require addenda that modify Section 17.J of the standard agreement, which generally addresses limitations of claims. For franchisees in Maryland, the addendum ensures that the limitation of claims does not reduce the three-year statute of limitations for claims under the Maryland Franchise Registration and Disclosure Law.
For Minnesota franchisees, the addendum specifies that no action can be commenced under Minn. Stat. Sec. 80C.17 more than three years after the cause of action accrues. Similarly, for franchisees in North Dakota, the time limitations set forth in Section 17.J might be modified by the North Dakota Franchise Investment Law.
Finally, for franchisees in New York, the addendum ensures that all rights and causes of action arising in the franchisee's favor from the provisions of Article 33 of the General Business Law of the State of New York remain in force, satisfying the non-waiver provisions of GBL Sections 687.4 and 687.5. These state-specific provisions are crucial for prospective franchisees to understand, as they directly impact their legal rights and recourse in case of disputes with Focalpoint Coaching.