What happens to inconsistent or conflicting provisions of the Bft Multi Unit Agreement when this rider is signed?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS RIDER (this "Rider") is made and entered into by and between BFT FRANCHISE SPV, |
|---|
| LLC, a Delaware limited liability company with its principal business address at 17877 Von Karman Ave., |
| Suite 100 Irvine, CA 92614 ("Franchisor"), and, |
| whose principal business address is |
| ("Developer"). |
| 1. |
| Background. Franchisor and Developer are parties to that certain Multi-Unit Agreement |
| dated |
| , 20 (the "Multi-Unit Agreement") that has been signed concurrently |
| with the signing of this Rider. This Rider supersedes any inconsistent or conflicting provisions of the Multi |
| Unit Agreement. Terms not otherwise defined in this Rider have the meanings as defined in the Multi-Unit |
| Agreement. |
| This Rider is annexed to and forms part of the Multi-Unit Agreement. This Rider is being |
| signed because (a) Developer is a resident of the State of Maryland; or |
| (b) the Studios that Developer |
| develops under the |
| Multi-Unit Agreement |
| are or will be developed |
| in the State of Maryland; or |
| (c) the offer |
| to sell is made in the State of Maryland; or |
| (d) the offer to buy is accepted in the State of Maryland. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, when a rider is signed along with the Multi-Unit Agreement, the rider takes precedence. Specifically, the FDD states that the rider supersedes any inconsistent or conflicting provisions found within the Multi-Unit Agreement. This ensures that the terms of the rider are upheld over any contradictory terms in the original agreement. Terms that are not specifically defined in the rider will retain the meanings as defined in the Multi-Unit Agreement.
This clause is included in riders for franchisees in specific states such as Maryland, North Dakota, Minnesota, New York, and Rhode Island. The rider is annexed to, and becomes part of, the Multi-Unit Agreement, indicating its integral role in modifying the original contract. This ensures that the terms of the rider are upheld over any contradictory terms in the original agreement.
For a prospective Bft franchisee, this means carefully reviewing both the Multi-Unit Agreement and any associated riders to understand the complete set of obligations and rights. If there are discrepancies between the two documents, the rider's terms will govern. It is important to pay close attention to any state-specific riders, as these can modify the general terms of the agreement to comply with local laws and regulations. Franchisees should seek legal counsel to fully understand the implications of these riders and how they affect their specific circumstances.