Under what circumstances is the Rider to the Focalpoint Coaching Franchise Agreement used?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
, the parties have executed and delivered this Rider effective on the Agreement Date.
FOCALPOINT COACHING, INC. FRANCHISE OWNER By: (IF YOU ARE TAKING THE FRANCHISE AS A CORPORATION, Stephen A. Thompson, President LIMITED LIABILITY COMPANY, OR PARTNERSHIP): DATED: [Print Name of Franchisee Entity] By: [Signature of person signing on behalf of entity] Title: DATED: (IF YOU ARE TAKING THE FRANCHISE INDIVIDUALLY AND NOT AS A LEGAL ENTITY): [Signature of individual franchisee] Print Name: DATED: [Signature of individual franchisee] Print Name: DATED:
RIDER TO THE FOCALPOINT COACHING, INC. FRANCHISE AGREEMENT FOR USE IN MARYLAND
| whose principal business address is | ("you" or "your"). | ||||||
|---|---|---|---|---|---|---|---|
| a | |||||||
| Henderson, | Nevada | 89052 | ("we," | "us" | or | "our"), | and |
| 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") that has been signed concurrently with the signing of this Rider. This Rider is annexed to and forms part of the Franchise Agreement. This Rider is being signed because (a) you are a resident of the State of Maryland, and/or (b) the Franchised Business that you will operate under the Franchise Agreement will be located in Maryland.
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- Acknowledgements. Sections 1.B(1), (2), (3), (4), (6), (9), (11) and (13) are deleted from the Franchise Agreement.
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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:
- "Based upon our financial condition, the Maryland Securities Commissioner has requested a financial assurance. Therefore, all initial fees and payments owed by you shall be deferred until we complete our pre-opening obligations under the Franchise Agreement."
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- Releases. The following language is added to the end of the third paragraph in Section 4.A. (entitled "Initial Training") and to the end of Sections 12.C.(8) (entitled "Conditions for Approval of Transfer") and 13.C. (entitled "Agreements/Releases") of the Franchise Agreement:
However, such general release will not apply to claims arising under the Maryland Franchise Registration and Disclosure Law.
- Insolvency.
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 Focalpoint Coaching Franchise Agreement is used to modify the standard agreement based on specific state laws or circumstances. There are multiple versions of the Rider, each tailored for use in a particular state.
For example, there are specific Riders for California, Illinois, North Dakota, Minnesota, South Dakota, Hawaii, Virginia, Maryland, New York and Washington. These state-specific Riders address various legal and regulatory requirements that may impact the franchise agreement within those jurisdictions. The Rider is signed concurrently with the Franchise Agreement and becomes part of the agreement.
In Washington, the Rider is used 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. The Washington Rider modifies sections of the agreement and addresses initial fees, ensuring compliance with the Washington Franchise Investment Protection Act. Similarly, the Illinois Rider is used when the franchise is offered or sold in Illinois, or if the franchisee is a resident of Illinois, and it includes stipulations regarding initial fees, governing law, jurisdiction, jury trial waivers, and claim limitations to comply with the Illinois Franchise Disclosure Act.
In Virginia, the Rider includes a deferral of initial fees until pre-opening obligations are met and the franchisee commences business. In Minnesota, the Rider addresses insufficient funds processing fees, releases, and infringement issues, ensuring compliance with Minnesota Statutes. These state-specific modifications highlight the importance of understanding the legal landscape in the state where the franchise will operate and how the Rider adjusts the standard agreement to meet those requirements.