Does the term 'Franchisor' in the Focalpoint Coaching agreement include affiliates?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
on this Agreement (the "Effective | Nevada | 89052, | ("Franchisor"), | and | | Date"). | | | | | | | |
1. PREAMBLES, ACKNOWLEDGMENTS, AND GRANT OF FRANCHISE.
A. PREAMBLES.
- (1) Franchisor and its affiliates have expended considerable time and effort in developing a system relating to the establishment and operation of FocalPoint franchised businesses (each a "FocalPoint Franchised Business"), offering business training and consulting to small businesses and professionals (collectively, the "Services") utilizing the Franchise System (as defined below) and specialized products produced or manufactured using the designs developed by Franchisor and its affiliates (the "Proprietary Products"). These Services are provided by FocalPoint franchise owners operating FocalPoint Franchised Businesses, which operate under distinctive methods, procedures, standards and specifications, all of which Franchisor may improve, further develop or otherwise modify from time to time.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the term 'Franchisor' does include affiliates. The FDD preamble states that Focalpoint Coaching and its affiliates have invested considerable time and effort in developing the Focalpoint Coaching system. Additionally, Focalpoint Coaching and its affiliates develop specialized products used within the franchise system.
Furthermore, Focalpoint Coaching's rights that are reserved extend to both the Franchisor and the Franchisor's affiliates. This includes rights related to Focalpoint Coaching Franchised Businesses, the Marks, and the sale of products and services. This means that affiliates of Focalpoint Coaching have certain rights and involvement in the franchise system.
For a prospective franchisee, this indicates that decisions and actions related to the franchise may be influenced or carried out not only by Focalpoint Coaching Inc. itself but also by its affiliated entities. It is important for a potential franchisee to understand the nature and scope of these affiliate relationships, as they could impact the franchisee's operations, support, and overall relationship with the Focalpoint Coaching franchise system.