factual

To what sections of the Focalpoint Coaching Franchise Agreement are additions made regarding releases?

Focalpoint_Coaching Franchise · 2025 FDD

Answer from 2025 FDD Document

  1. Releases. The following language is added to the end of the third paragraph in Section 4.A. and to the end of Sections 12.C.(8) and 13.C. of the Franchise Agreement:

Any general release shall not apply to the extent prohibited by law with respect to claims arising under the North Dakota Franchise Investment Law.

Source: Item 22 — Contracts (FDD pages 56–57)

What This Means (2025 FDD)

According to the 2025 Focalpoint Coaching Franchise Disclosure Document, there are specific sections of the Franchise Agreement where language is added concerning releases, depending on the state where the franchisee is located. For franchisees in North Dakota, additional language regarding releases is added to the end of the third paragraph in Section 4.A and to the end of Sections 12.C.(8) and 13.C. of the Franchise Agreement. This addition stipulates that any general release will not apply to the extent prohibited by law with respect to claims arising under the North Dakota Franchise Investment Law.

For franchisees in New York, additional language regarding releases is added to the end of the third paragraph in Section 4.A. and to the end of Sections 12.C.(8) and 13.C. of the Franchise Agreement. However, this is provided that to the extent required by Article 33 of the General Business Law of the State of New York, all rights the franchisee enjoys and any causes of action arising in their 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, with the intent of satisfying the non-waiver provisions of GBL 687 and 687.5.

For franchisees in Minnesota, additional language regarding releases is added to the end of the third paragraph in Section 4.A. and to the end of Sections 12.C.(8) and 13.C. of the Franchise Agreement. However, any release required as a condition of renewal and/or assignment/transfer will not apply to the extent prohibited by the Minnesota Franchises Law. These stipulations ensure that franchisees' rights are protected under the specific franchise laws of North Dakota, New York, and Minnesota, preventing general releases from overriding those protections.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.