How may service of process be made upon the Learningrx Spousal Affiliate?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
SPOUSAL AFFILIATE HEREBY IRREVOCABLY SUBMITS HIMSELF TO THE JURISDICTION OF THE STATE COURTS OF EL PASO COUNTY, COLORADO OR THE U.
S.
DISTRICT COURT FOR THE DISTRICT OF COLORADO.
SPOUSAL AFFILIATE HEREBY WAIVES ALL QUESTIONS OF PERSONAL JURISDICTION OR VENUE FOR THE PURPOSE OF CARRYING OUT THIS PROVISION.
SPOUSAL AFFILIATE HEREBY AGREES THAT SERVICE OF PROCESS MAY BE MADE UPON HIM IN ANY PROCEEDING RELATING TO OR ARISING UNDER THIS AGREEMENT OR THE RELATIONSHIP CREATED BY THIS AGREEMENT BY ANY MEANS ALLOWED BY COLORADO OR FEDERAL LAW.
SPOUSAL AFFILIATE FURTHER AGREES THAT VENUE FOR ANY PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT SHALL BE IN EITHER EL PASO OR DENVER COUNTY, COLORADO; PROVIDED, HOWEVER, WITH RESPECT TO ANY ACTION THAT INCLUDES INJUNCTIVE RELIEF OR OTHER EXTRAORDINARY RELIEF, FRANCHISOR OR FRANCHISEE MAY BRING SUCH ACTION IN ANY COURT IN ANY STATE THAT HAS JURISDICTION.
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, a Spousal Affiliate agrees that service of process may be made upon them in any proceeding relating to or arising under the agreement or the relationship created by the agreement. This service can be enacted by any means allowed by Colorado or Federal Law.
Furthermore, the Spousal Affiliate irrevocably submits themselves to the jurisdiction of the state courts of El Paso County, Colorado, or the U.S. District Court for the District of Colorado. They also waive all questions of personal jurisdiction or venue for the purpose of carrying out this provision.
Additionally, the FDD states that venue for any proceeding relating to or arising out of this agreement shall be in either El Paso or Denver County, Colorado. However, with respect to any action that includes injunctive relief or other extraordinary relief, Learningrx or the franchisee may bring such action in any court in any state that has jurisdiction.