What section of the Focalpoint Coaching Franchise Agreement is modified by the Minnesota Rider regarding infringement?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Infringement. The following language is added to the end of Section 5.C. of the Franchise Agreement:
To the extent required by Minnesota Stat. Sec. 80C.12, Subd. 1(g), we will protect your right to use the Marks and indemnify you from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of the Marks.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the Minnesota Rider modifies Section 5.C of the Franchise Agreement regarding infringement. Specifically, the following language is added to the end of Section 5.C of the Franchise Agreement: "To the extent required by Minnesota Stat. Sec. 80C.12, Subd. 1(g), we will protect your right to use the Marks and indemnify you from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of the Marks."
This addition means that Focalpoint Coaching is obligated to protect the franchisee's right to use the trademarks (referred to as "Marks") and to cover any losses, costs, or expenses that the franchisee incurs due to claims, lawsuits, or demands related to the use of these trademarks. This protection is specifically mandated by Minnesota Statute Sec. 80C.12, Subd. 1(g).
For a prospective Focalpoint Coaching franchisee in Minnesota, this modification provides an added layer of security. It ensures that Focalpoint Coaching will stand behind the franchisee in case of any legal challenges related to trademark usage. This could cover legal fees, settlement costs, or any other expenses incurred in defending the right to use the trademarks. This is a beneficial clause for the franchisee, as it reduces the financial risk associated with potential trademark disputes.