What does the Learningrx franchisee affiliate waive regarding personal jurisdiction or venue?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
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- 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 the 2025 Learningrx Franchise Disclosure Document, the franchisee affiliate waives all questions of personal jurisdiction or venue. This means the franchisee affiliate agrees to be subject to the jurisdiction of the state courts of El Paso County, Colorado, or the U.S. District Court for the District of Colorado. They also agree that any legal proceedings related to the franchise agreement will take place in either El Paso or Denver County, Colorado.
This waiver means a Learningrx franchisee affiliate may be required to litigate disputes in Colorado, regardless of where their Learningrx center is located. This could increase costs and inconvenience if the franchisee affiliate lives outside of Colorado. However, there is an exception: in cases involving injunctive relief or other extraordinary relief, Learningrx or the franchisee may bring action in any court in any state that has jurisdiction.
It is important for a prospective Learningrx franchisee to understand the implications of this waiver and to consider the potential costs and inconveniences of litigating disputes in Colorado. Franchisees should consult with a legal professional to fully understand their rights and obligations under the franchise agreement.