Who selects the location of each Learningrx Center?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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 selecting the location for their Learningrx center and negotiating the lease. However, Learningrx provides guidance and assistance in the site selection process. Specifically, Learningrx will analyze the proposed location based on factors such as population density, traffic patterns, and proximity to other Learningrx centers, as outlined in Section 10.2 of the agreement.
Learningrx retains the right to reject any proposed location, although this consent will not be unreasonably withheld. If the franchisee and Learningrx cannot agree on the initial site, the franchisee must propose two alternative locations for Learningrx to evaluate. Learningrx is then required to approve or disapprove the franchisee's proposed site within thirty days of receiving written notice. Failure to provide written approval within this timeframe will result in the site being deemed disapproved.
While Learningrx offers assistance, it explicitly states that this assistance does not constitute a representation or warranty regarding the property or lease. The franchisee bears the ultimate responsibility for the suitability and terms of the location. Furthermore, if a franchisee wishes to relocate their center, Learningrx's approval is required, and this approval can be granted or denied for any reason. Relocation may also involve a fee, particularly for subsequent relocation requests within the franchise term.