What does the Learningrx Spousal Affiliate waive regarding personal jurisdiction or venue?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
THIS AGREEMENT SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO.
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 the 2025 Learningrx Franchise Disclosure Document, the Spousal Affiliate waives all questions of personal jurisdiction or venue. This means the Spousal Affiliate agrees to be subject to the jurisdiction of the specified courts and agrees that the venue is proper in those courts for any legal proceedings related to the agreement. This waiver is made for the purpose of carrying out the provisions outlined in the agreement.
Specifically, the Spousal Affiliate irrevocably submits to the jurisdiction of the state courts of El Paso County, Colorado, or the U.S. District Court for the District of Colorado. Furthermore, the Spousal Affiliate agrees that any legal process can be served through any means allowed by Colorado or federal law. The Spousal Affiliate also consents that the venue for any legal proceeding arising from the agreement will be in either El Paso or Denver County, Colorado.
However, there is an exception: for actions involving injunctive relief or other extraordinary relief, Learningrx or the franchisee can bring the action in any court in any state that has jurisdiction. This provision ensures that Learningrx and the franchisee have the flexibility to seek immediate and necessary relief in a location that best suits the circumstances of the case, even if it deviates from the standard venue.