Does the Learningrx agreement state that each covenant is independent of other covenants?

According to Learningrx's 2025 Franchise Disclosure Document, the franchise agreement specifies that each covenant within the agreement is considered independent of any other covenant or provision. Specifically, this applies to the covenants not to compete, ensuring that each stands alone. This means that if one covenant is found to be unenforceable, it does not automatically invalidate the other covenants within the agreement.

This independence of covenants has significant implications for a Learningrx franchisee. It means that even if a specific clause is deemed unreasonable or unenforceable by a court, the franchisee is still bound by the remaining enforceable covenants. This could be particularly relevant in the context of non-compete agreements, where specific terms might be challenged.

Furthermore, the Learningrx agreement states that if a court finds any portion of the non-compete covenants unreasonable, the franchisee agrees to be bound by a lesser covenant that imposes the maximum duty permitted by law. This ensures that Learningrx can still enforce a reasonable level of protection, even if the original terms are deemed too broad. This clause aims to provide Learningrx with the maximum possible protection within legal boundaries, while requiring the franchisee to adhere to the most restrictive, yet enforceable, version of the covenant.

This clause is fairly common in franchise agreements, as it protects the franchisor's interests by ensuring that as many parts of the agreement as possible remain in effect even if one part is successfully challenged. Prospective Learningrx franchisees should carefully review all covenants and understand their implications, as each one is independently enforceable to the maximum extent permitted by law.