Under what conditions can Learningrx seek injunctive relief?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
ons as an owner, spouse, employee or contractor of Franchisee and that the execution of this Agreement will not be deemed to create an employment relationship between Franchisor and Franchisee Affiliate and Franchisor. Franchisee Affiliate hereby waives, to the greatest extent permitted by federal law and the law of the state or states in which Franchisee Affiliate resides and is employed by Franchisee, any claim that
Franchisee Affiliate may have to be deemed to be an employee of Franchisor by virtue of signing this Agreement.
- Franchisee and Franchisee Affiliate agree that in the event of a breach of this Agreement, Franchisor would be irreparably injured and be without an adequate remedy at law.
Therefore, in the event of such a breach, or threatened or attempted breach of any of the provisions hereof, Franchisor shall be entitled to enforce the provisions of this Agreement and shall be entitled, in addition to any other remedies that are made available to it at law or in equity, including the right to terminate the Franchise Agreement, to a temporary and/or permanent injunction and/or a decree for the specific performance of the terms of this Agreement, without the necessity of showing actual or threatened harm and without being required to furnish a bond or other security. Franchisee and Franchisee Affiliate agree that Franchisee's and/or Franchisee Affiliate's sole remedy in the event of the entry of such injunctive relief shall be dissolution of such injunctive relief, if warranted, upon hearing duly had; provided, however, that all claims for damages by reason of the wrongful issuance of any such injunction are hereby expressly waived by Franchisee and by Franchisee Affiliate.
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- Franchisee Affiliate agrees to pay all expenses (including court costs and reasonable attorneys' fees) incurred by Franchisor and Franchisee in enforcing this Agreement.
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- Any failure by Franchisor to object to or take action with respect to any breach of this Agreement by Franchisee Affiliate shall not operate or be construed as a waiver of or consent to that breach or any subsequent breach by Franchisee Affiliate.
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- THIS AGREEMENT SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO.
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, Learningrx can seek injunctive relief under certain conditions to protect its interests and enforce the franchise agreement. Specifically, Learningrx is entitled to a temporary or permanent injunction, as well as a decree for specific performance of the agreement's terms, if a franchisee breaches or threatens to breach any provision of the agreement. This right is available in addition to any other legal or equitable remedies Learningrx may have, including the right to terminate the franchise agreement.
Notably, Learningrx does not need to demonstrate actual or threatened harm to obtain injunctive relief, nor is it required to post a bond or other security, except that the franchisee agrees that Learningrx may obtain such injunctive relief, without posting a bond or bonds in excess of a total of $500. The franchisee's sole remedy if an injunction is issued is to seek its dissolution if warranted after a hearing. The franchisee also waives all claims for damages resulting from the wrongful issuance of an injunction.
For area developers, injunctive relief may be appropriate in situations including using products outside the bounds of the franchise agreement, violating in-term and post-term non-competes, and trademark infringement. The rights and remedies of Learningrx and area developers are cumulative, meaning that exercising one right or remedy does not prevent either party from enforcing any other right or remedy available to them by law or the terms of the agreement.