To what jurisdiction does the Learningrx franchisee affiliate irrevocably submit themselves?
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 Learningrx's 2025 Franchise Disclosure Document, the franchisee affiliate irrevocably submits to the jurisdiction of the state courts of El Paso County, Colorado, or the U.S. District Court for the District of Colorado. This means that any legal disputes involving the Franchisee Affiliate will be resolved in these specific courts.
This submission includes a waiver of any objections to personal jurisdiction or venue, streamlining the legal process within these jurisdictions. Furthermore, the Franchisee Affiliate agrees that service of process, which is the formal notification of a lawsuit or legal proceeding, can be carried out through any method permitted by Colorado or federal law.
Venue for any legal proceedings related to the agreement will be in either El Paso or Denver County, Colorado. However, Learningrx retains the right to bring actions involving injunctive or other extraordinary relief in any court that has jurisdiction, regardless of the state. This provision ensures that Learningrx can seek immediate legal remedies, such as restraining orders, in situations where quick action is necessary to protect its interests.
This clause is a standard legal provision in franchise agreements, ensuring that both parties agree on the location and method of resolving disputes. Prospective franchisees should understand that by signing the agreement, they are consenting to have legal matters decided in the specified Colorado courts, which may require them to travel to Colorado for hearings or trials.