Which states does the 'No Waiver of Disclaimer of Reliance' provision apply to for Focalpoint Coaching franchisees?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
of the Illinois Franchise Disclosure Act of 1987 or any other Illinois law (as long as the jurisdictional requirements of that Illinois law are met).
- Waivers Void. The following language is added as a new Section 17.P of the Franchise Agreement:
Nothing in this Agreement shall constitute a condition, stipulation, or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of the Illinois Franchise Disclosure Act of 1987 or any other Illinois law (as long as the jurisdictional requirements of that Illinois law are met).
- 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 following page]
IN WITNESS WHEREOF, the parties have executed and delivered this Rider effective on the Agreement Date.
FOCALPOINT COACHING, INC. FRANCHISE OWNER By: (IF YOU ARE TAKING THE FRANCHISE AS A CORPORATION, Stephen A. Thompson, President LIMITED LIABILITY COMPANY, OR PARTNERSHIP): DATED: [Print Name of Franchisee Entity] By: [Signature of person signing on behalf of entity] Title: DATED: (IF YOU ARE TAKING THE FRANCHISE INDIVIDUALLY AND NOT AS A LEGAL ENTITY): [Signature of individual franchisee] Print Name: DATED: [Signature of individual franchisee] Print Name: DATED:
RIDER TO THE FOCALPOINT COACHING, INC. FRANCHISE AGREEMENT FOR USE IN MARYLAND
| whose principal business address is | ("you" or "your"). | ||||||
|---|---|---|---|---|---|---|---|
| a | |||||||
| Henderson, | Nevada | 89052 | ("we," | "us" | or | "our"), | and |
| Nevada corporation with its principal business address at 2831 St. |
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the 'No Waiver of Disclaimer of Reliance' provision applies specifically to franchisees in New York, North Dakota, Minnesota, South Dakota, and Virginia. This provision ensures that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. This clause supersedes any conflicting terms in other franchise documents.
For franchisees in New York, this provision is intended to satisfy the non-waiver requirements of the New York General Business Law (GBL) Sections 687.4 and 687.5. The FDD clarifies that even if the franchise offer and acceptance occur outside New York, the law applies if the franchisee is domiciled and the franchise will operate in New York. Similarly, in North Dakota, the provision is included to comply with the North Dakota Franchise Investment Law, which may also modify the time limitations for claims.
In Minnesota, the provision is included to ensure that franchisees are aware of their rights under state law, while also noting that Minnesota law limits the time to commence actions under Minn. Stat. Sec. 80C.17 to three years after the cause of action accrues. For South Dakota and Virginia, the inclusion of this provision is tied to the franchisee's residency or the location of the franchised business within those states. The franchisor will defer payment of initial fees until all pre-opening obligations have been met and the franchisee commences business.
This 'No Waiver of Disclaimer of Reliance' provision offers significant protection to franchisees in these states by preventing them from inadvertently relinquishing their legal rights. Prospective franchisees should carefully review these state-specific addenda and riders to fully understand their rights and obligations under the franchise agreement.