factual

Is a Learningrx franchisee required to pay a transfer fee upon death?

Learningrx Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 14.6 Death of Franchisee.

Upon the death of an individual Franchisee, the rights granted by this Agreement may pass (without payment of any Transfer Fee) to the next of kin or legatees, provided that Franchisee's legal representatives will within one hundred twenty (120) calendar days of Franchisee's death

apply in writing to Franchisor for the right to transfer to the next of kin or legatee Franchisee's rights under this Agreement. Franchisor will not unreasonably withhold permission so long as the proposed transferees meet each of the then-current requirements of franchisees.

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

What This Means (2025 FDD)

According to Learningrx's 2025 Franchise Disclosure Document, in the event of the death of a franchisee, the rights to the franchise agreement can be transferred to the next of kin or legatees without incurring a transfer fee. However, the franchisee's legal representatives must apply in writing to Learningrx for the right to transfer the franchise within 120 calendar days of the franchisee's death.

Learningrx will not unreasonably withhold permission for the transfer, provided that the proposed transferees meet the then-current requirements for franchisees. This means that the individuals inheriting the franchise must demonstrate that they can meet the brand's standards for franchisees at that time. These standards could include financial stability, business experience, and other qualifications deemed necessary by Learningrx.

This provision offers a significant benefit to the franchisee and their family, as it allows for the continuation of the business without the added financial burden of a transfer fee, which can be substantial. It also provides a degree of security, knowing that the business can be passed on to loved ones, assuming they meet Learningrx's requirements. This is more generous than many franchise agreements, which treat death as a standard transfer and impose the usual transfer fees.

However, it's important to note that the legal representatives must act quickly to apply for the transfer within the specified timeframe. Additionally, the proposed transferees must meet Learningrx's then-current requirements, which could change over time. A prospective franchisee should inquire about what these requirements are and how they might evolve to ensure that their heirs can meet them.

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.