What attachment number refers to the Confidentiality and Covenant Not To Compete Agreement for LearningRx?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
nchisor in connection with the enforcement of this Section 9 provided Franchisor prevails in any or all of its claims against Area Developer.
- 9.06. Irreparable Injury. Area Developer acknowledges that Area Developer's violation of the terms of this Section 9 would result in irreparable injury to Franchisor for which no adequate remedy at law may be available, and Area Developer accordingly consents to the issuance of an injunction by any court of competent jurisdiction or arbitrator having jurisdiction over the Agreement prohibiting any conduct by Area Developer in violation of the terms of this Section 9.
- 9.07. Additional Agreement. Area Developer shall obtain, from the individuals defined in the Franchise Agreement as "Franchisee Affiliates", the execution of a "CONFIDENTIALITY and COVENANT NOT TO COMPETE AGREEMENT" from each such individual. A copy of the "CONFIDENTIALITY and COVENANT NOT TO COMPETE AGREEMENT" is attached to the Franchise Agreement and is identified as Attachment VIII. Area Developer shall then immediately forward each such signed Agreement to Franchisor:
10. DISPUTE RESOLUTION
10.01. Arbitration. Franchisor shall have the right, but not the obligation, to enforce this Agreement by the judicial process (and not by arbitration): (1) to protect any of its rights regarding any of its trademarks or to protect any of its intellectual property; (2) to protect any security interest; and (3) and to pursue any rights it may have under any leases, subleases, sales, promissory notes, purchases, security agreements, covenants not to compete or other agreements with Franchisee.
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, the Confidentiality and Covenant Not to Compete Agreement that the franchisee obtains from individuals defined in the Franchise Agreement as "Franchisee Affiliates" is identified as Attachment VIII. This agreement must be executed by the specified individuals.
If the franchisee is an entity, Attachment IX is Learningrx's standard Confidentiality & Covenant Not to Compete Agreement. This must be signed before performing any work or having access to confidential information. The individuals who must sign include each member, shareholder, officer, director, and partner of the entity, their spouses, every manager, each guarantor, their spouses, and each employee with access to confidential information.
If the franchisee is not an entity, Attachment IX is Learningrx's standard Confidentiality & Covenant Not to Compete Agreement. This must be signed before performing any work or having access to confidential information. The individuals who must sign include the spouse of the franchisee, every manager, each guarantor, their spouses, and each employee with access to confidential information. A copy of all such signed agreements should be delivered to Learningrx within 1 week of their execution.