Are there any exceptions to the 18-month limitation on claims against Focalpoint Coaching?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
However, Minnesota law provides that no action may be commenced under Minn. Stat. Sec. 80C.17 more than three (3) years after the cause of action accrues.
However, the limitation of such claims shall not act to reduce the three (3)-year statute of limitations afforded to you for bringing a claim under the Maryland Franchise Registration and Disclosure Law.
The time limitations set forth in this Section might be modified by the North Dakota Franchise Investment Law.
However, to the extent required by Article 33 of the General Business Law of the State of New York, all rights and any causes of action arising in your 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; it being the intent of this provision that the non-waiver provisions of GBL Sections 687.4 and 687.5 be satisfied.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the standard 18-month limitation on claims may not apply in certain states. For franchisees operating in Minnesota, the law provides that no action may be commenced under Minn. Stat. Sec. 80C.17 more than three years after the cause of action accrues. Similarly, for franchisees in Maryland, the limitation of claims does not reduce the three-year statute of limitations for claims under the Maryland Franchise Registration and Disclosure Law.
Additionally, the FDD states that the time limitations for claims might be modified by the North Dakota Franchise Investment Law for franchisees in North Dakota. For franchisees in New York, to the extent required by Article 33 of the General Business Law of the State of New York, all rights and any causes of action arising in the franchisee's 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.
These exceptions indicate that the standard 18-month limitation on claims can be superseded by state-specific franchise laws, potentially offering franchisees more time to bring a claim against Focalpoint Coaching in those states. Prospective franchisees should consult with a legal professional to understand the specific laws in their state and how they apply to the franchise agreement.