factual

Under the Focalpoint Coaching Nondisclosure and Non-Competition Agreement, what is the Individual agreeing to regarding confidential information after their employment?

Focalpoint_Coaching Franchise · 2025 FDD

Answer from 2025 FDD Document

Upon the expiration or other termination for any reason of my employment, association, service or ownership participation, I agree:

  • (i) to return immediately to Company or Franchisee, as the case may be, all Confidential Information, and any material(s) containing a subset thereof, in my possession that was utilized, or to which I had access, during my employment, association, service or ownership participation;
  • (a) will not use Confidential Information in any other business or capacity;
  • (b) will keep each item deemed to be part of Confidential Information absolutely confidential, both during this Agreement's term and then thereafter for

as long as the item is not generally known in the business training and consulting industry;

  • (c) will not sell, trade or otherwise profit in any way from the Confidential Information (including by selling or assigning any client names, addresses, phone numbers, e-mail contact information, or related data), unless Franchisor otherwise authorizes or approves in Franchisor's sole judgment;
  • (d) will not make unauthorized copies of any Confidential Information disclosed via electronic medium or in written or other tangible form; and
  • (e) will adopt and implement reasonable procedures to prevent unauthorized use or disclosure of Confidential Information, including, without limitation, restricting its disclosure to Franchised Business personnel and other need-to-know personnel and using non-disclosure and non-competition agreements with those having access to Confidential Information.

Source: Item 22 — Contracts (FDD pages 56–57)

What This Means (2025 FDD)

According to Focalpoint Coaching's 2025 Franchise Disclosure Document, an individual who signs the Nondisclosure and Non-Competition Agreement agrees to certain restrictions regarding confidential information, both during and after their association with a Focalpoint Coaching franchisee. Specifically, after the termination of their employment, service, or ownership participation, the individual agrees to return all Confidential Information and materials to the company or franchisee.

Furthermore, the individual commits to refraining from any contact with clients of Focalpoint Coaching franchised businesses indefinitely after their termination. They also agree not to use Confidential Information in any other business or capacity and to keep such information confidential as long as it is not generally known in the business training and consulting industry.

The individual is prohibited from selling, trading, or profiting from the Confidential Information, including client data, unless authorized by Focalpoint Coaching. They must also avoid making unauthorized copies of Confidential Information and implement reasonable procedures to prevent its unauthorized use or disclosure. These obligations aim to protect Focalpoint Coaching's proprietary information and maintain its competitive advantage within the business training and consulting sector.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.