Does Learningrx's failure to object to a breach by the Spousal Affiliate constitute a waiver of future breaches?

According to Learningrx's 2025 Franchise Disclosure Document, the failure of Learningrx to object to a breach of the Spousal Affiliate Agreement does not constitute a waiver of future breaches. This is explicitly stated in the agreement to protect Learningrx's rights and ensure consistent enforcement of the agreement's terms. This clause is designed to prevent any implied consent to ongoing or repeated violations.

This provision means that even if Learningrx overlooks or chooses not to act upon a specific violation of the agreement by the Spousal Affiliate, it does not forfeit its right to address that same violation or any other violation in the future. This ensures that Learningrx retains the ability to enforce the agreement fully at its discretion, without setting a precedent of acceptance through inaction. The Spousal Affiliate remains obligated to adhere to all terms of the agreement, and Learningrx's response to any breach is not limited by past leniency.

For a prospective Learningrx franchisee, this clause highlights the importance of ensuring that their Spousal Affiliate fully complies with the agreement. It clarifies that Learningrx maintains the right to enforce the agreement's provisions strictly, regardless of any prior instances where a breach may have been overlooked. This protects the Learningrx system and brand standards, as Learningrx retains full authority to address any breaches by the Spousal Affiliate, ensuring consistent application of the agreement's terms.