How must notices and communications be delivered according to the Learningrx agreement?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
w or in equity to enforce any of the provisions or rights under this Agreement, the unsuccessful party in such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred therein by such party or parties (including without limitation such costs, expenses and fees on any appeals), and if such successful party shall recover judgment in any such action or proceeding, such costs, expenses and attorneys' fees shall be included as part of such judgment.
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- All notices and demands required to be given hereunder shall be in writing and shall be sent by personal delivery, expedited delivery service, certified or registered mail, return receipt requested, first-class postage prepaid, facsimile, telegram or telex (provided that the sender confirms the facsimile, telegram or telex by sending an original confirmation copy by certified or registered mail or expedited delivery service within three business days after transmission), to the respective parties at the following addresses unless and until a different address has been designated by written notice to the other parties.
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to the 2025 Learningrx Franchise Disclosure Document, all notices and demands required to be given under the agreement must be in writing. These notices can be sent via personal delivery, expedited delivery service, certified or registered mail (return receipt requested, with first-class postage prepaid), facsimile, telegram, or telex. If using facsimile, telegram, or telex, the sender must confirm the transmission by sending an original confirmation copy via certified or registered mail or expedited delivery service within three business days after the initial transmission.
The FDD specifies the address for notices directed to Learningrx Franchise Corporation: 6385 Corporate Drive, Suite 101, Colorado Springs, Colorado 80919, with attention to the Legal Department and also includes an email address: dean@learningrx.com. Communications to the franchisee will be sent to the franchisee's last known business address or any other address the franchisee designates in writing.
The notice is considered given and received when delivered in person, on the third business day following mailing, or the day after placement with an overnight delivery service. This ensures that both parties have a clear and documented method for sending and receiving important communications related to the franchise agreement, which is a fairly standard practice in franchising to avoid disputes over whether a notice was properly given.