factual

What arbitration services does Learningrx consent to using?

Learningrx Franchise · 2025 FDD

Answer from 2025 FDD Document

arbitration on demand of either party. Such arbitration proceedings shall be conducted in Denver, Colorado, and by one arbitrator chosen by the parties and experienced in franchise law. If the parties are unable to agree to the selection of an arbitrator within ten business days of the date of any written demand for arbitration made hereunder. The parties shall each select one arbitrator and the two selected arbitrators shall select a single arbitrator to hear the matter. The parties' consent to the use of the services of Judicial Arbitration Group, Inc. or its successor or the American Arbitration Association to administer the arbitration. The arbitration shall be conducted in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The arbitrator will have the right to award any proper relief, including money damages (with interest on unpaid amounts from the date due), specific performance, injunctive relief and attorneys' fees and costs; provided, however, the Parties expressly agree that the arbitrator may not award any Party more than Fifty Thousand and 00/100 Dollars ($50,000.00) in damages, including costs and attorneys' fees, and provided however, the arbitrator will not be empowered to award, nor will any party be entitled to receive, any damages or awards that are barred by the "Limitation of Claims" Section of this Agreement. The award and decision of the arbitrator will be conclusive and binding upon all parties and their respective owners, managers, employees, and agents. Judgment

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

What This Means (2025 FDD)

According to Learningrx's 2025 Franchise Disclosure Document, Learningrx and its franchisees consent to using the services of Judicial Arbitration Group, Inc. or its successor, or the American Arbitration Association to administer arbitration. The arbitration is set to be conducted following the American Arbitration Association's then-current Commercial Arbitration Rules.

The arbitrator in any dispute has the authority to award relief, including monetary damages with interest, specific performance, injunctive relief, and attorney's fees and costs. However, the arbitrator cannot award any party more than $50,000 in damages, including costs and attorney's fees. The arbitrator also cannot make awards barred by the "Limitation of Claims" section of the agreement. The arbitrator's decision is final and binding.

The arbitrator does not have the authority to amend or modify the terms of the Learningrx franchise agreement, and their decision must follow the plain meaning of the agreement. The arbitrator must issue an award no later than 90 days after the commencement of the arbitration hearing, unless the parties agree otherwise. This dispute resolution clause remains in effect even after the termination or expiration of the Learningrx franchise agreement.

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.