Does Byrider acknowledge that the franchisee is aware of and willing to undertake business risks associated with the franchise?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
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- The Franchisee recognizes and understands that business risks, which exist in connection with the purchase of any business, make the success or failure of the franchise subject to many variables, including, among other things, the skills and abilities of the Franchisee, the hours worked by the Franchisee, competition, interest rates, the economy, inflation, business location, operation costs, lease terms and costs and the market place. The Franchisee hereby acknowledges its awareness of and willingness to undertake these business risks.
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- The Franchisee acknowledges receipt of the Franchisor's Franchise Disclosure Document and Exhibits (collectively, the "FDD"). The Franchisee acknowledges that it has had the opportunity to personally and carefully review these documents. Furthermore, the Franchisee has been advised to seek professional assistance, to have professionals review the documents and to consult with other franchisees regarding the risks associated with the purchase of the franchise.
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- The Franchisee agrees and states that the decision to enter into this business risk is in no manner predicated upon any oral representations, assurances, warranties, guarantees or promises made by the Franchisor or any of its officers, employees or agents (including any franchise broker) as to the likelihood of success of the franchise. Except as contained in the Franchisor's FDD, the Franchisee acknowledges that it has not received any information from the Franchisor or any of its officers, employees or agents (including any franchise broker) concerning actual, average, projected or forecasted franchise sales, profits or earnings. If the Franchisee believes that it has received any information concerning actual, average, projected or forecasted franchise sales, profits or earnings other than those contained in the FDD, please describe these in the space provided below or write "None."
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, Byrider requires franchisees to acknowledge their awareness of and willingness to undertake the business risks associated with the franchise. The FDD states that the success or failure of the franchise is subject to many variables, including the franchisee's skills and abilities, hours worked, competition, interest rates, the economy, inflation, business location, operation costs, lease terms and costs, and the marketplace.
Byrider also emphasizes that the franchisee's decision to enter into the business should not be based on any oral representations, assurances, warranties, guarantees, or promises made by Byrider or its representatives regarding the likelihood of success. Byrider states that franchisees acknowledge they have not received any information concerning actual, average, projected, or forecasted franchise sales, profits, or earnings, except as contained in the FDD. This is a common practice in franchising to ensure that franchisees rely on the documented information provided in the FDD and their own due diligence rather than on potentially misleading verbal promises.
Furthermore, the franchisee acknowledges they had the opportunity to conduct an independent investigation of the Byrider business opportunity and the terms of the franchise agreement. They also recognize that the business may evolve and change over time, and that the success of the venture depends primarily on the franchisee's business ability and efforts, as well as other factors beyond Byrider's control. This acknowledgment aims to protect Byrider from future claims that the franchisee was not aware of the risks involved or was misled about the potential for success.