factual

Does the Learningrx franchise agreement specify which party bears the cost of arbitration?

Learningrx Franchise · 2025 FDD

Answer from 2025 FDD Document

The franchise agreement requires binding arbitration.

The arbitration will occur in Colorado with the costs being borne by both parties.

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

What This Means (2025 FDD)

According to Learningrx's 2025 Franchise Disclosure Document, the standard franchise agreement stipulates that if a franchisee is located in California, the costs of arbitration will be borne by both parties.

Specifically, the Multi-State Addendum addresses how the standard Learningrx franchise agreement is modified for California franchisees. This addendum states that the arbitration will occur in Colorado, and the costs associated with arbitration will be borne by both Learningrx and the franchisee. This means that a franchisee in California would be responsible for covering their own legal fees, as well as a portion of the arbitrator's fees and administrative costs.

It is important to note that outside of California, the FDD does not specify which party bears the cost of arbitration. The franchise agreement states that the arbitrator will have the right to award attorney's fees and costs. This suggests that the arbitrator has the discretion to determine which party is responsible for these expenses based on the outcome of the arbitration. A prospective franchisee should seek clarification from Learningrx regarding the typical allocation of arbitration costs in states other than California.

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.