factual

What condition must the offer to secure a Learningrx site be contingent upon?

Learningrx Franchise · 2025 FDD

Answer 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 offer to secure a site for the business is contingent upon the approval of the location by Learningrx. The franchisee is responsible for finding a site and negotiating the lease, but Learningrx has the right to reject any location, although such consent will not be unreasonably withheld.

Learningrx will analyze the proposed location based on factors such as population density, traffic patterns, and proximity to other Learningrx centers, as detailed in Section 10.2 of the document. If the franchisee and Learningrx disagree on the site selection, the franchisee must propose two alternative sites for evaluation.

Learningrx is required to provide an evaluation of each proposed site and must approve or disapprove the 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. However, the document clarifies that Learningrx's assistance in site selection does not constitute a representation or warranty regarding the property or lease. This process ensures that the chosen location aligns with Learningrx's standards and has the potential for success.

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.