factual

In which U.S. District Court does the Learningrx Franchisee Affiliate irrevocably submit himself to jurisdiction?

Learningrx Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. THIS AGREEMENT SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO. FRANCHISEE AFFILIATE HEREBY IRREVOCABLY SUBMITS HIMSELF TO THE JURISDICTION OF THE STATE COURTS OF EL PASO COUNTY, COLORADO OR THE U. S. DISTRICT COURT FOR THE DISTRICT OF COLORADO. FRANCHISEE AFFILIATE HEREBY WAIVES ALL QUESTIONS OF PERSONAL JURISDICTION OR VENUE FOR THE PURPOSE OF CARRYING OUT THIS PROVISION. FRANCHISEE AFFILIATE HEREBY AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON HIM IN ANY PROCEEDING RELATING TO OR ARISING UNDER THIS AGREEMENT OR THE RELATIONSHIP CREATED BY THIS AGREEMENT BY ANY MEANS ALLOWED BY COLORADO OR FEDERAL LAW. FRANCHISEE AFFILIATE FURTHER AGREES THAT VENUE FOR ANY PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT SHALL BE IN EITHER EL PASO OR DENVER COUNTY, COLORADO; PROVIDED, HOWEVER, WITH RESPECT TO ANY ACTION THAT INCLUDES INJUNCTIVE RELIEF OR OTHER EXTRAORDINARY RELIEF, FRANCHISOR OR FRANCHISEE MAY BRING SUCH ACTION IN ANY COURT IN ANY STATE THAT HAS JURISDICTION.

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

What This Means (2025 FDD)

According to Learningrx's 2025 Franchise Disclosure Document, the Franchisee Affiliate irrevocably submits to the jurisdiction of the U.S. District Court for the District of Colorado. Furthermore, the Franchisee Affiliate waives all questions of personal jurisdiction or venue to carry out this provision.

This means that any legal disputes involving the Franchisee Affiliate and Learningrx related to the franchise agreement may be heard in the U.S. District Court for the District of Colorado. The franchisee affiliate also agrees that venue for any proceeding relating to or arising out of the agreement shall be in either El Paso or Denver County, Colorado. This clause ensures that Learningrx can pursue legal action against the Franchisee Affiliate in a specific court system, which can be more convenient and predictable for Learningrx.

However, there is an exception: for actions that include injunctive relief or other extraordinary relief, Learningrx or the franchisee may bring such action in any court in any state that has jurisdiction. This exception allows either party to seek immediate and potentially critical intervention from a court that has the authority to act, regardless of the location. Franchisees should be aware of this clause and understand that they may be required to litigate disputes in Colorado, which could involve additional travel and legal expenses if they are not located in that state.

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.