factual

In an action to enforce the Learningrx agreement, who pays the legal fees of the successful party?

Q: In an action to enforce the Learningrx agreement, who pays the legal fees of the successful party?

- 11. In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the unsuccessful party in such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred therein by such party or parties (including without limitation such costs, expenses and fees on any appeals), and if such successful party shall recover judgment in any such action or proceeding, such costs, expenses and attorneys' fees shall be included as part of such judgment. Source: Item 23 — RECEIPT (FDD pages 54–209)

Learningrx Franchise · 2025 FDD

Answer from 2025 FDD Document

1. In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the unsuccessful party in such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred therein by such party or parties (including without limitation such costs, expenses and fees on any appeals), and if such successful party shall recover judgment in any such action or proceeding, such costs, expenses and attorneys' fees shall be included as part of such judgment.

Source: Item 23 — RECEIPT (FDD pages 54–209)

What This Means (2025 FDD)

According to the 2025 Learningrx Franchise Disclosure Document, in any legal action to enforce the franchise agreement, the unsuccessful party is responsible for covering the legal costs of the successful party. This includes all costs, expenses, and reasonable attorney's fees incurred during the litigation, as determined by the court's final judgment. This obligation extends to any appeals as well.

For a prospective Learningrx franchisee, this means that if you are involved in a legal dispute with Learningrx regarding the franchise agreement, the outcome of the case will determine who pays the legal bills. If Learningrx wins, you will be responsible for their legal costs, in addition to your own. Conversely, if you win, Learningrx will have to cover your legal expenses.

This clause serves as a deterrent against frivolous lawsuits and encourages both parties to act reasonably and in good faith. It also highlights the importance of fully understanding the franchise agreement and seeking legal counsel before entering into any disputes. Franchisees should be aware of the potential financial burden of legal action and factor this into their business decisions.

It is important to note that this clause applies to actions at law or in equity to enforce the provisions or rights under the Learningrx Franchise Agreement. The fees will be included as part of the judgment if the successful party recovers a judgment in such action or proceeding.

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.

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