When does a waiver of obligation from Focalpoint Coaching become effective?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
9. 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.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, a waiver of obligation or disclaimer of reliance signed by a franchisee does not waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Focalpoint Coaching or its representatives. This provision overrides any conflicting terms in any document related to the franchise agreement. This protection is included in addenda for California, New York, Virginia, South Dakota and Illinois.
This means that even if a franchisee signs a document that appears to waive their rights or disclaim reliance on information provided by Focalpoint Coaching, those waivers or disclaimers will not be legally effective to the extent they conflict with applicable state franchise laws. This is a significant protection for franchisees, as it prevents Focalpoint Coaching from using waivers to shield themselves from liability for misrepresentations or other violations of franchise law.
Prospective Focalpoint Coaching franchisees should be aware of this provision and understand that they cannot waive their rights under state franchise laws, regardless of what any document they sign might say. This protection helps ensure that franchisees can pursue legal claims against Focalpoint Coaching if they believe they have been defrauded or otherwise harmed by the franchisor's actions. Franchisees should consult with an attorney to fully understand their rights and obligations under the franchise agreement and applicable state laws.