What assistance does Learningrx provide in site selection and lease negotiation?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee is solely responsible for locating a site for the Business and negotiating a lease for the property.
Upon request, Franchisor will provide limited advice and assistance to Franchisee in selecting a site and analyzing a location and in negotiating a lease.
Franchisor will analyze a location by examining population density, traffic patterns, proximity of the proposed location to any other LearningRx Centers, or any other reasonable criteria, as set forth in Section 10.2.
Franchisee agrees that the location of the Center is a factor in the potential for success of the Business and the location will be located close to the Center of the Territory.
Franchisor may reject any location in its discretion, but consent will not be unreasonably withheld.
If Franchisee and Franchisor cannot agree on the site selection, then Franchisee must select two (2) alternative sites.
Franchisor shall provide Franchisee with an evaluation of each site as described above.
Franchisor shall approve or disapprove Franchisee's proposed site within thirty (30) days of the date Franchisor receives written notice of the proposed site from Franchisee.
Any site not approved in writing by Franchisor within the thirty (30) day time period shall be deemed disapproved.
However, Franchisor's assistance in no way constitutes a representation or warranty with respect to the property or the lease.
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, the franchisee is primarily responsible for finding a location for the business and negotiating the lease. However, Learningrx will provide limited advice and assistance upon request. This assistance includes analyzing the location by considering factors such as population density, traffic patterns, and proximity to other Learningrx centers, as detailed in Section 10.2 of the agreement.
Learningrx may reject a proposed location, but such consent will not be unreasonably withheld. If the franchisee and Learningrx disagree on the site, the franchisee must propose two alternative sites for Learningrx to evaluate. Learningrx is required to approve or disapprove a proposed site within 30 days of receiving written notice from the franchisee. Failure to provide written approval within this timeframe will result in the site being deemed disapproved.
It is important to note that Learningrx's assistance does not constitute a representation or warranty regarding the property or the lease. Additionally, if Learningrx assists in negotiating the lease or an option to assume the lease, Learningrx may charge the franchisee a lease negotiation fee. Learningrx will provide standard sample floor layouts and architectural plans, but all final plans must be approved by Learningrx. The lease must also contain specific provisions that allow Learningrx to assume the lease under certain conditions, such as termination of the franchise agreement or franchisee default.