In North Dakota, is a statement, questionnaire, or acknowledgement signed by a Learningrx franchisee in connection with the commencement of the franchise considered valid?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, in North Dakota, any statement, questionnaire, or acknowledgement signed by a franchisee at the start of their franchise relationship will not waive claims under state franchise law. This includes claims related to fraud in the inducement or disclaiming reliance on statements made by Learningrx or its representatives.
This provision is designed to protect Learningrx franchisees in North Dakota by ensuring they cannot inadvertently give up their legal rights through standard documents signed when starting the franchise. It specifically prevents these documents from being used to waive claims related to fraud or misrepresentation. This protection is afforded by North Dakota Franchise Investment Law.
This clause supersedes any other conflicting terms in any document executed in connection with the Learningrx franchise agreement. This means that even if other parts of the agreement seem to suggest a waiver of rights, this specific provision will take precedence, reinforcing the franchisee's protections under North Dakota law.