What sections of the Focalpoint Coaching Franchise Agreement address governing law and consent to jurisdiction?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
- Governing Law/Consent to Jurisdiction. The following language is added to the end of Sections 17.F and 17.G of the Franchise Agreement:
FocalPoint Coaching Inc. FocalPoint – 03/2025 Unit FDD
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, Item 22 details modifications to the standard Franchise Agreement based on the franchisee's location. Specifically, sections 17.F and 17.G of the Franchise Agreement, which generally cover governing law and consent to jurisdiction, are modified by addenda that address specific state laws. These modifications ensure compliance with state franchise laws, such as those in Minnesota, North Dakota, Illinois, Maryland, and New York.
For Minnesota franchisees, the addendum to Section 17.F clarifies that the governing law section does not reduce any rights under Minnesota Statutes Chapter 80C. Similarly, the addendum to Section 17.G states that franchisees retain all rights to procedures, forums, or remedies provided by Minnesota law, despite the standard consent to jurisdiction clause. This protects the franchisee's legal rights within their state.
For franchisees in North Dakota, Illinois, Maryland, and New York, similar modifications are made to Sections 17.F and 17.G. These modifications ensure that state laws, such as the North Dakota Franchise Investment Law, the Illinois Franchise Disclosure Act, the Maryland Franchise Registration and Disclosure Law, and Article 33 of the General Business Law of New York, take precedence in certain situations. These addenda typically address issues such as governing law, consent to jurisdiction, and the statute of limitations for claims, ensuring that franchisees' rights under these state laws are preserved. These stipulations are added via riders to the franchise agreement.