Can a waiver granted by Focalpoint Coaching be revoked?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, certain waivers signed by franchisees cannot waive claims under applicable state franchise law. Specifically, in several state-specific addenda to the franchise agreement (for Minnesota, North Dakota, Virginia, and South Dakota), there is a clause stating that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims related to state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Focalpoint Coaching. This provision overrides any other conflicting terms in any document related to the franchise agreement.
For franchisees in Illinois, the FDD states that the waiver of a jury trial shall not apply to the extent prohibited by Section 705/41 of the Illinois Franchise Disclosure Act of 1987 or Illinois Regulations at Section 260.609. Similarly, for franchisees in New York, the FDD indicates that the choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by article 33 of the General Business law of the state of New York.
These stipulations protect franchisees by ensuring that they do not unknowingly or unintentionally give up their legal rights when signing documents related to the franchise. This is a fairly common practice in franchising, as state franchise laws are designed to protect franchisees from potentially overreaching franchisors. Prospective Focalpoint Coaching franchisees should carefully review these provisions and understand their rights within their specific state.