Under what circumstances is the Rider annexed to the Focalpoint Coaching Franchise Agreement signed?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
LIFORNIA**
| Henderson, | Nevada | 89052 | ("we," | "us" | or | "our"), | and |
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| Nevada corporation with its principal business address at 2831 St. Rose Parkway, Suite 234, the Franchise Agreement (defined below), by and between FOCALPOINT COACHING, INC., a | |||||||
| This Rider | (the "Rider") is made and entered into as of the Effective Date as stated in |
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- Background. We and you are parties to that certain Franchise Agreement that has been signed at the same time as the signing of this Rider (the "Franchise Agreement"). This Rider is part of the Franchise Agreement. This Rider is being signed because (a) the offer or sale of the franchise for the Franchised Business that you will operate under the Franchise Agreement was made in the State of California, and/or (b) you are a resident of California and the Franchised Business will be located in California.
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- Initial Fees. The following language is added to the end of Sections 3.A and 4.A of the Franchise Agreement:
Despite the payment provisions above, payment of all initial fees owed by you to us under this Agreement is postponed until after all of our initial obligations are complete and you commence doing business.
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- Late Fees and Interest. Section 3.I of the Franchise Agreement is revised to reflect that the maximum interest rate in California currently is 10% annually, notwithstanding any statement to the contrary contained in Section 3.I of the Franchise Agreement.
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- 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 THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties have executed and delivered this Rider effective on the Agreement Date.
| FOCALPOINT COACHING, INC. | FRANCHISE OWNER | |---------------------------------------|---------------------------------------------------------------------------------------------------------| | By: Stephen A. Thompson, President | (IF YOU ARE TAKING THE FRANCHISE AS A CORPORATION, LIMITED LIABILITY COMPANY, OR PARTNERSHIP): | | DATED: | [Print Name of Franchisee Entity] By: [Signature of person signing on behalf of entity] Title: DATED: |
RIDER TO THE FOCALPOINT COACHING, INC. FRANCHISE AGREEMENT FOR USE IN HAWAII
| whose principal business address is | | | | | | ("you" or "your").
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, the Rider to the Franchise Agreement is signed concurrently with the Franchise Agreement itself. Specifically, the Rider is signed under certain conditions related to the franchisee's location or activities within specific states. These states include Washington, North Dakota, South Dakota, New York, Minnesota, Virginia, and Illinois.
For franchisees in Washington, the Rider is signed if the franchised business will be located in Washington, if the franchisee is a resident of Washington, or if any of the offering or sales activity related to the Franchise Agreement occurred in Washington. For North Dakota, South Dakota, New York, Minnesota, Virginia and Illinois, the Rider is signed if the offer or sale of the franchise was made in that state, or if the franchisee is a resident of that state and will operate the business there.
The inclusion of a Rider modifies certain aspects of the standard Franchise Agreement to comply with specific state laws. These modifications can include adjustments to initial fee payment schedules, inclusion of non-waiver provisions, and alterations to clauses regarding non-compete agreements, arbitration, and governing law. Prospective franchisees should carefully review the Rider applicable to their state, as it contains important legal and financial considerations that may differ from the standard Franchise Agreement.