If Learningrx removes displays of the marks after a franchisee fails to do so, will Learningrx be charged with trespass?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
If, within thirty (30) days after termination of this Agreement by Franchisor, Franchisee fails to remove all displays of the Marks from the Center which are identified or associated with the System, Franchisor may enter the Center to effect removal.
In this event, Franchisor will not be charged with trespass nor be accountable or required to pay for any displays or materials.
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to the 2025 Learningrx Franchise Disclosure Document, Learningrx will not be charged with trespass if they enter a Learningrx center to remove displays of the marks after the franchise agreement has been terminated. This is only if the franchisee fails to remove all displays of the marks from the center within thirty days of the termination of the agreement by Learningrx. In this event, Learningrx is also not accountable or required to pay for any displays or materials they remove.
This clause protects Learningrx from legal repercussions related to removing its branding from a former franchisee's location after termination. It ensures Learningrx can swiftly rebrand the location or prevent the continued use of its trademarks by an unauthorized party.
For a prospective Learningrx franchisee, this means understanding that upon termination, they are responsible for removing all Learningrx branding within 30 days. Failure to do so grants Learningrx the right to enter the premises and remove the branding themselves without being held liable for trespass or any associated costs. This is a fairly standard clause in franchise agreements, designed to protect the franchisor's brand and trademarks.