Who is responsible for protecting the Learningrx franchise from computer problems, viruses, and attacks?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
- 12.16 Computer Problems, Viruses, and Attacks.
Franchisee acknowledges and understands that computer systems are vulnerable to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, date-related problems, and attacks by hackers and other unauthorized intruders.
Franchisor has taken reasonable steps so that these problems will not materially affect the System.
Franchisor does not guarantee that information or communication systems supplied by Franchisor or its suppliers will not be vulnerable to these problems.
Franchisee acknowledges and agrees that Franchisee is solely responsible for protecting itself from these problems.
Franchisee must also take reasonable steps to verify that Franchisee's suppliers, lenders, landlords, customers, and governmental agencies on which Franchisee relies, are reasonably protected.
This may include taking reasonable steps to secure Franchisee's systems, including, but not limited to, firewalls, access code protection, anti-virus systems, and use of backup systems.
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, the franchisee is solely responsible for protecting their Learningrx franchise from computer problems, viruses, and attacks. While Learningrx states it has taken reasonable steps to prevent these issues from materially affecting the system, it does not guarantee its systems will be invulnerable.
This means a prospective Learningrx franchisee must implement and maintain their own security measures. These measures include firewalls, access code protection, anti-virus systems, and backup systems to secure their computer systems.
Furthermore, the franchisee must take reasonable steps to ensure that their suppliers, lenders, landlords, customers, and governmental agencies they rely on are also reasonably protected. This highlights the importance of due diligence and risk management for a Learningrx franchisee, extending beyond their own immediate systems to include third parties.
This allocation of responsibility is fairly common in franchising, where franchisees are often responsible for managing their own IT security. However, prospective franchisees should carefully evaluate the potential costs and complexities of maintaining adequate cybersecurity for their Learningrx center.