Which organizations can administer the arbitration for Learningrx franchise disputes?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
arbitration on demand of either party. Such arbitration proceedings shall be conducted in Denver, Colorado, and by one arbitrator chosen by the parties and experienced in franchise law. If the parties are unable to agree to the selection of an arbitrator within ten business days of the date of any written demand for arbitration made hereunder. The parties shall each select one arbitrator and the two selected arbitrators shall select a single arbitrator to hear the matter. The parties' consent to the use of the services of Judicial Arbitration Group, Inc. or its successor or the American Arbitration Association to administer the arbitration. The arbitration shall be conducted in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The arbitrator will have the right to award any proper relief, including money damages (with interest on unpaid amounts from the date due), specific performance, injunctive relief and attorneys' fees and costs; provided, however, the Parties expressly agree that the arbitrator may not award any Party more than Fifty Thousand and 00/100 Dollars ($50,000.00) in damages, including costs and attorneys' fees, and provided however, the arbitrator will not be empowered to award, nor will any party be entitled to receive, any damages or awards that are barred by the "Limitation of Claims" Section of this Agreement. The award and decision of the arbitrator will be conclusive and binding upon all parties and their respective owners, managers, employees, and agents. Judgment upon the award may be entered in any court of competent jurisdiction. The arbitrator shall have no authority to amend or modify the terms of this Agreement. The arbitrator's decision will follow the plain meaning of this Agreement. The arbitrator will issue
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, disputes can be administered by Judicial Arbitration Group, Inc. or its successor, or the American Arbitration Association. The arbitration will be conducted according to the American Arbitration Association's then-current Commercial Arbitration Rules. The location for arbitration proceedings is Denver, Colorado, and will involve one arbitrator chosen by the parties with experience in franchise law. If the parties cannot agree on an arbitrator within ten business days of a written demand for arbitration, each party will select an arbitrator, and those two arbitrators will then select a single arbitrator to hear the matter.
The arbitrator has the authority to award relief, including monetary damages with interest, specific performance, injunctive relief, and attorney's fees and costs. However, the arbitrator cannot award any party more than $50,000 in damages, including costs and attorney's fees. The arbitrator's decision is conclusive and binding, and judgment upon the award may be entered in any court of competent jurisdiction. The arbitrator cannot amend or modify the terms of the agreement and must follow its plain meaning. The arbitrator will issue an award within 90 days of the arbitration hearing's commencement unless the parties agree otherwise, and this dispute resolution clause survives the termination or expiration of the agreement.
It is important to note that Learningrx retains the right to enforce the agreement through judicial process rather than arbitration to protect its trademarks, intellectual property, security interests, and rights under leases, subleases, sales, promissory notes, purchases, security agreements, or covenants not to compete. If Learningrx chooses to enforce the agreement judicially, each party's damages are also limited to a maximum of $50,000, including costs and attorney's fees.