Does the Learningrx franchise agreement allow for injunctive relief?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
ons as an owner, spouse, employee or contractor of Franchisee and that the execution of this Agreement will not be deemed to create an employment relationship between Franchisor and Franchisee Affiliate and Franchisor. Franchisee Affiliate hereby waives, to the greatest extent permitted by federal law and the law of the state or states in which Franchisee Affiliate resides and is employed by Franchisee, any claim that
Franchisee Affiliate may have to be deemed to be an employee of Franchisor by virtue of signing this Agreement.
- Franchisee and Franchisee Affiliate agree that in the event of a breach of this Agreement, Franchisor would be irreparably injured and be without an adequate remedy at law.
Therefore, in the event of such a breach, or threatened or attempted breach of any of the provisions hereof, Franchisor shall be entitled to enforce the provisions of this Agreement and shall be entitled, in addition to any other remedies that are made available to it at law or in equity, including the right to terminate the Franchise Agreement, to a temporary and/or permanent injunction and/or a decree for the specific performance of the terms of this Agreement, without the necessity of showing actual or threatened harm and without being required to furnish a bond or other security. Franchisee and Franchisee Affiliate agree that Franchisee's and/or Franchisee Affiliate's sole remedy in the event of the entry of such injunctive relief shall be dissolution of such injunctive relief, if warranted, upon hearing duly had; provided, however, that all claims for damages by reason of the wrongful issuance of any such injunction are hereby expressly waived by Franchisee and by Franchisee Affiliate.
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- Franchisee Affiliate agrees to pay all expenses (including court costs and reasonable attorneys' fees) incurred by Franchisor and Franchisee in enforcing this Agreement.
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Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to the 2025 Learningrx Franchise Disclosure Document, Learningrx can seek injunctive relief in the event of a breach of the franchise agreement by a franchisee. Injunctive relief means that a court order can be issued to compel a party to do something or to stop doing something. The franchisee agrees that Learningrx would be irreparably injured and without an adequate remedy at law if they were to breach the agreement.
In the event of a breach, or threatened breach, Learningrx is entitled to enforce the provisions of the agreement and is entitled to a temporary and/or permanent injunction or a decree for specific performance of the terms of the agreement. This can be done without showing actual or threatened harm and without being required to furnish a bond or other security. The franchisee's sole remedy in the event of such injunctive relief is the dissolution of the injunction, if warranted, upon a hearing. The franchisee also waives all claims for damages due to the wrongful issuance of any such injunction.
For Area Developers, injunctive relief may be appropriate in situations including using products outside the bounds of the franchise agreement, violating in-term and post-term non-competes, and trademark infringement. However, the Area Developer's sole remedy in the event of the entry of such injunctive relief will be the dissolution of such injunctive relief, if warranted, upon hearing duly had; provided, however, that all claims for damages by reason of the wrongful issuance of any such injunction are hereby expressly waived by the Area Developer.