Under what conditions is the Rider to the Focalpoint Coaching Franchise Agreement required?
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 Focalpoint Coaching's 2025 Franchise Disclosure Document, a Rider to the Franchise Agreement is required under specific circumstances related to the franchisee's location or activities. For franchisees operating in Washington, a Rider is necessary if the franchised business is located in Washington, the franchisee is a resident of Washington, or any part of the franchise offering or sales activity occurred in Washington.
Similarly, a Rider is required for franchisees in North Dakota if they are residents of North Dakota and the business is located there, or if the franchise offer or sale occurred in North Dakota. In Minnesota, a Rider is required if the franchised business will operate there or if any offering or sales activity occurred in Minnesota. For franchisees in Illinois, a Rider is needed if the franchise offer or sale occurred in Illinois and the business will be located there, or if the franchisee is an Illinois resident. Finally, a Rider is required for franchisees whose Focalpoint Coaching business will be located in Virginia, or who are residents of South Dakota and will operate their franchise in South Dakota, or if the offer or sale of the franchise was made in South Dakota.
For a prospective Focalpoint Coaching franchisee, this means that the standard Franchise Agreement may be modified by a Rider that addresses specific legal requirements or conditions in their state. The Rider takes precedence over conflicting terms in the standard agreement, ensuring compliance with local franchise laws. It is important for potential franchisees to carefully review the Rider applicable to their state, as it may alter provisions related to fees, legal rights, and other key aspects of the franchise relationship.