Who is responsible for locating a site for the Learningrx business?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
deems necessary or advisable in furthering Franchisee's Business and the business of the System as a whole and in connection with protecting the Marks and goodwill of Franchisor. Provision of services by Franchisor, either initial or continuing, is independent from the payment the Initial Franchise Fee or the continuing royalty fees. Franchisor will provide the services listed below on a continuing basis
- 8.2 Site Selection. Franchisee is solely responsible for locating a site for the Business and negotiating a lease for the property. Upon request, Franchisor will provide limited advice and assistance to Franchisee in selecting a site and analyzing a location and in negotiating a lease. Franchisor will analyze a location by examining population density, traffic patterns, proximity of the proposed location to any other LearningRx Centers, or any other reasonable criteria, as set forth in Section 10.2. Franchisee agrees that the location of the Center is a factor in the potential for success of the Business and the location will be located close to the Center of the Territory. Franchisor may reject any location in its discretion, but consent will not be unreasonably withheld. If Franchisee and Franchisor cannot agree on the site selection, then Franchisee must select two (2) alternative sites. Franchisor shall provide Franchisee with an evaluation of each site as described above. Franchisor shall approve or disapprove Franchisee's proposed site within thirty (30) days of the date Franchisor receives written notice of the proposed site from Franchisee. Any site not approved in writing by Franchisor within the thirty (30) day time period shall be deemed disapproved. However, Franchisor's assistance in no way constitutes a representation or warranty with respect to the property or the lease.
- 8.3 Center Relocation. If Franchisee requests to relocate its Center, this will be subject to our approval, which we have the right to grant or deny for any reason or no reason. Any relocation will be subject to the site selection and lease provisions contained in the Franchise Agreement and Operations Manual. Franchisee will not be requ
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, the franchisee is primarily responsible for finding a location for their Learningrx center and negotiating the lease agreement. However, Learningrx offers some assistance in the site selection process. Specifically, Learningrx will provide limited advice and assistance to the franchisee in selecting a site, analyzing the location, and negotiating the lease. Learningrx will analyze the location by considering factors such as population density, traffic patterns, and proximity to other Learningrx centers.
It's important to note that Learningrx has the right to approve or reject any proposed location, and the franchisee must select two alternative sites if the initial choice is not approved. Learningrx will evaluate these alternative sites as well. The franchisor's approval will not be unreasonably withheld, and they must provide a decision within thirty days of receiving written notice of the proposed site. Failure to provide written approval within this timeframe will be deemed a disapproval.
While Learningrx offers assistance, it's crucial to understand that this assistance does not constitute a representation or warranty regarding the property or the lease. The franchisee bears the ultimate responsibility for ensuring the suitability of the location and the terms of the lease agreement. The location of the Learningrx center is considered a significant factor in the potential success of the business, and the franchise agreement states that the location should be close to the center of the territory.
If a Learningrx franchisee wants to relocate their center, it is subject to Learningrx's approval. The franchisee will not be required to pay a relocation fee for the first relocation request within the initial or any successor term. However, a $250 relocation fee will be required for any subsequent relocation requests within the same term.