After termination or expiration of the Focalpoint Coaching agreement, is the franchisee required to discontinue use of websites and social media referring to Focalpoint Coaching marks?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
When this Agreement expires or is terminated:
(1) Franchisee may not directly or indirectly at any time or in any manner (except with other FocalPoint Franchised Businesses Franchisee owns and operates) identify itself or any business as a current or former FocalPoint Franchised Business or as one of Franchisor's current or former franchise owners; use any Mark, any colorable imitation of a Mark, or other indicia of a FocalPoint Franchised Business in any manner or for any purpose; or use for any purpose any trade name, trade or service mark, or other commercial symbol that indicates or suggests a connection or association with Franchisor;
(2) Franchisee agrees to discontinue the use of any Website and social media used in connection with the Franchised Business or otherwise referring to the Marks or FocalPoint Franchised Businesses;
(3) Franchisee agrees, at Franchisee's expense, to take the action required to cancel all fictitious or assumed name or equivalent registrations relating to Franchisee's use of any Mark;
(4) Franchisee agrees, at Franchisee's expense, to deliver to Franchisor within thirty (30) days all signs, sign-faces, sign-cabinets, marketing materials, forms, and other materials containing any Mark or otherwise identifying or relating to a FocalPoint Franchised Business that Franchisor requests and allow Franchisor, without liability to Franchisee or third parties for trespass or any other claim, to enter the Office and remove these items and to remove these items from any vehicles used by the Franchised Business;
(5) Franchisee agrees promptly and at Franchisee's own expense to make the alterations Franchisor specifies in Franchisor's Operations Manual (or otherwise) to distinguish the Office and the Franchised Business clearly from its former appearance and from other FocalPoint Franchised Businesses in order to prevent public confusion;
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, after the franchise agreement expires or is terminated, the franchisee must discontinue using any website and social media used in connection with the franchised business that refers to Focalpoint Coaching's marks or franchised businesses. This means a former franchisee cannot continue to operate websites or social media accounts that give the impression they are still part of the Focalpoint Coaching franchise system.
This requirement is fairly standard in franchising. It protects the brand's integrity and prevents customer confusion. If former franchisees were allowed to continue using the brand's marks online, it could damage Focalpoint Coaching's reputation if the former franchisee's business practices or quality of service declined. It also ensures that customers can easily distinguish between current Focalpoint Coaching franchisees and former ones.
In addition to discontinuing use of websites and social media, the franchisee must also cancel all fictitious or assumed name registrations relating to the use of any Focalpoint Coaching mark. The franchisee is also responsible for delivering to Focalpoint Coaching all signs, marketing materials, and other items containing any mark, and allowing Focalpoint Coaching to enter the office to remove these items. The franchisee must also make alterations to distinguish the office from its former appearance and from other Focalpoint Coaching franchised businesses.