Under what circumstances can the Learningrx Area Developer Agreement be modified?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Developer Agreement | Summary | |
|---|---|---|---|
| k. | "Transfer" by franchisee - | Section | Includes transfer of contract or assets or |
| defined | 7.02 | ownership change. | |
| l. | Franchisor approval of transfer by Franchisee | Section 7.03 | We have the right to approve all transfers but will not unreasonably withhold approval. |
| m. | Conditions for franchisor approval of transfer | Section 7.03 | New Area Developer qualifies, all monetary obligations satisfied, ADA not in default of any agreement, Transfer Fee paid, purchase agreement approved, training arranged, general release signed by you*, and current agreement signed by new Franchisee. |
| n. | Franchisor's right of first refusal to acquire franchisee's Business. | Section 7.06 | We can match any offer for your Business. |
| o. | Franchisor's option to purchase your Business | Not Applicable | Not Applicable |
| p. | Death or disability of franchisee | Not Applicable | Not Applicable |
| q. | Non-competition covenants during the term of franchise | Section 9.01 | Except as restricted by applicable state law, no involvement in competing business anywhere in U.S.* |
| r. | Non-competition covenants after the franchise is terminated or expires | Section 9.02 | Except as restricted by applicable state law, no involvement in competing business for 2 years within Development Territory, within adjacent counties, 50 miles from Development Territory or another LearningRx Area Developer or LearningRx Training Center, on the internet or other Multi-Area marketing channels |
| s. | Modification of agreement | Sections 11.02 | None except by a written agreement signed by the parties. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to the 2025 Learningrx Franchise Disclosure Document, the Area Developer Agreement can only be modified by a written agreement that is signed by all parties involved. This is a standard clause in franchise agreements to ensure that any changes are formally documented and agreed upon by both Learningrx and the Area Developer.
This requirement protects both Learningrx and the franchisee. It prevents either party from unilaterally altering the terms of the agreement. It also ensures that all modifications are clear, unambiguous, and legally binding. Without such a clause, disputes could arise over alleged verbal agreements or informal understandings.
Prospective Learningrx Area Developers should pay close attention to this provision. It means that any promises or representations made by Learningrx representatives that are not included in the written Area Developer Agreement are not enforceable. Therefore, it is crucial to ensure that all agreed-upon terms and conditions are documented in writing and properly signed before finalizing the agreement.