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Under what circumstances can Learningrx or the Franchisee bring an action related to the Spousal Affiliate Agreement in any court with jurisdiction, regardless of the specified venue?

Learningrx Franchise · 2025 FDD

Answer from 2025 FDD Document

FRANCHISEE 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, both Learningrx and the franchisee have the option to initiate legal proceedings related to the Spousal Affiliate Agreement in any court that possesses jurisdiction, irrespective of the usual venue stipulations, if the action involves a request for injunctive relief or other extraordinary relief.

This provision grants Learningrx and its franchisees greater flexibility in selecting a venue for disputes, particularly when seeking urgent or non-monetary remedies. Injunctive relief typically aims to prevent someone from taking a specific action, while extraordinary relief encompasses remedies beyond standard monetary damages. This clause recognizes that certain breaches of the Spousal Affiliate Agreement may require immediate action and allows Learningrx or the franchisee to pursue such remedies in any court that can provide appropriate relief.

For a prospective Learningrx franchisee, this clause offers a degree of protection and recourse in situations where swift legal action is necessary to safeguard their business interests or Learningrx's brand reputation. However, it's important to note that this applies specifically to actions seeking injunctive or extraordinary relief, and other types of disputes may still be subject to the venue restrictions outlined in the agreement, which specify El Paso or Denver County, Colorado as the venue.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.