How can service of process be made upon the Spousal Affiliate in proceedings related to the Learningrx Spousal Affiliate Agreement?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
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 consents to service of process through any means allowed by Colorado or Federal law. This applies to any legal proceeding related to or arising from the Spousal Affiliate Agreement or the relationship it creates.
This means that Learningrx has multiple options for legally notifying the Spousal Affiliate of a lawsuit. These options could include personal service, where a process server hands the documents directly to the Spousal Affiliate, or service by mail, as long as these methods comply with Colorado or Federal law. The agreement eliminates potential arguments about improper service, provided the method used adheres to applicable laws.
Additionally, the Spousal Affiliate agrees to jurisdiction in the state courts of El Paso County, Colorado, or the U.S. District Court for the District of Colorado, and waives any objections to personal jurisdiction or venue. The venue for any proceeding relating to the agreement must be in either El Paso or Denver County, Colorado. However, Learningrx or the franchisee can bring an action, including injunctive relief, in any court in any state that has jurisdiction.