What additional grounds for termination does the Byrider Rider provide to the franchisee?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS RIDER is made and entered into by and between BYRIDER FRANCHISING | |
|---|---|
| PARTNERS, LLC, a Delaware limited liability company whose address it 12802 Hamilton | |
| Crossing Boulevard, Carmel, Indiana, 46032 (the "Company"), and | |
| a(n) whose principal business address is | |
| (the "Franchisee"). | |
| 1. | BACKGROUND. The Company and the Franchisee are parties to that certain Area Development Agreement dated, 20 (the "Development Agreement"). This Rider is annexed to and forms an integral part of the Development Agreement. This Rider supersedes any inconsistent or conflicting provisions of the Development Agreement. Terms not otherwise defined in this Rider have the meanings as defined in the Development Agreement. This Rider is being signed because (a) Franchisee's Business that Franchisee will develop under the Development Agreement will be operated wholly or partly in the State of Minnesota; and/or (b) the Franchisee is either a resident of, domiciled in, or actually present in the |
| State of Minnesota. | |
| 2. | The following is added to the end of Section 5 of the |
| TERMINATION. | |
| Development Agreement: | |
| Franchisee be given 90 days' notice of termination (with 60 days to cure). | To the extent Minnesota law is applicable, the Company will comply with Minn. Stat. Sec. 80C.14, Subds. 3, 4 and 5 which require, except in certain specified cases, that the IN WITNESS WHEREOF, the parties have executed and delivered this Rider on the |
| dates noted below, to be effective as of the Effective Date of the Development Agreement. | |
| "FRANCHISEE" | "COMPANY" |
| «Name_of_Franchisee», «Entity_Type» | BYRIDER FRANCHISING PARTNERS, LLC By: |
| «Signatory»«Signatory_Title» | Michael J. Onda, Chief Executive Officer |
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, the Rider modifies the termination terms outlined in the Development Agreement, particularly for franchisees operating in Minnesota or those who are Minnesota residents. Specifically, it stipulates that Byrider must provide the franchisee with a 90-day notice of termination, including a 60-day period to address and cure any defaults, aligning with Minnesota law.
This modification is significant because it ensures that Byrider franchisees in Minnesota receive a longer notice period and an opportunity to correct any issues before the franchise agreement is terminated. This aligns with Minnesota Statutes, which aim to protect franchisees by providing them with specific rights and procedures regarding termination. The Rider explicitly states that Byrider will comply with Minn. Stat. Sec. 80C.14, Subds. 3, 4, and 5, which detail the requirements for notice and opportunity to cure in termination cases.
For a prospective Byrider franchisee, this means that if the franchise is located in Minnesota or the franchisee resides there, they are entitled to a 90-day termination notice with a 60-day cure period, offering a greater level of protection compared to the standard Development Agreement. This provision enhances the franchisee's ability to rectify any breaches and maintain their franchise, providing a more secure business environment within the state of Minnesota.