Is there a geographic limit to the release provided by the Focalpoint Coaching franchisee?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
150 Israel Road SW Tumwater, Washington 98501
(for other matters) Department of Financial Institutions Securities Division P. O. Box 41200 Olympia, Washington 98504-1290 (360) 902-8760
Wisconsin
Commissioner of Securities Department of Financial Institutions 4822 Madison Yards Way, North Tower Madison, Wisconsin 53705 (608) 266-0448
EXHIBIT G
FORM OF GENERAL RELEASE
FOCALPOINT COACHING, INC. GRANT OF FRANCHISOR CONSENT AND FRANCHISEE RELEASE*
| THIS FRANCHISE AGREEMENT (this “Agreement”) is made and entered into by | | | | | | |---|---|---|---|---|---| | and between FOCALPOINT COACHING, INC., a Nevada corporation located at 2831 St. Rose | | | | | | | Parkway, | Suite | 234, | Henderson, Nevada | 89052, | (“Franchisor”), and | Consistent with the previous introduction, you, on your own behalf and on behalf of your successors, heirs, executors, administrators, personal representatives, agents, assigns, partners, shareholders, members, directors, officers, principals, employees, and affiliated entities (collectively, the "Releasing Parties"), hereby forever release and discharge us and our affiliates, our and their current and former officers, directors, shareholders, principals, employees, agents, representatives, affiliated entities, successors, and assigns (collectively, the "Franchisor Parties") from any and all claims, damages (known and unknown), demands, causes of action, suits, duties, liabilities, and agreements of any nature and kind (collectively, "Claims") that you and any of the other Releasing Parties now has, ever had, or, but for this document, hereafter would or could have against any of the Franchisor Parties (1) arising out of or related to the Franchisor Parties' obligations under the Franchise Agreement or (2) otherwise arising from or related to your and the other Releasing Parties' relationship, from the beginning of time to the date of your signature below, with any of the Franchisor Parties.
Source: Item 23 — Receipts (FDD pages 57–259)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the general release provided by the franchisee does have a geographic limitation. Specifically, the release does not apply to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder. This means that if a Focalpoint Coaching franchisee is located in Washington, the general release they sign will not prevent them from bringing claims under Washington's franchise law.
This exception is important for prospective Focalpoint Coaching franchisees in Washington to understand. It means that even after signing a general release, they retain certain rights under Washington state law to pursue claims against the franchisor. This could include claims related to misrepresentation, unfair practices, or violations of the Washington Franchise Investment Protection Act.
For franchisees outside of Washington, the general release would likely apply without this specific exception, meaning they would be giving up their rights to sue Focalpoint Coaching for any claims covered by the release. It is always advisable for a franchisee to seek legal counsel to fully understand the implications of any release or waiver they are asked to sign.