Who is the Byrider agreement binding upon?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
This Software Services and User Agreement ("Agreement") is entered into as of the «Day» day of «Month», «Year», by and between BYRIDER FRANCHISING PARTNERS, LLC, having its principal place of business at 12802 Hamilton Crossing Blvd., Carmel, Indiana 46032 (hereinafter "Licensor" or "Company") and Franchisee, as identified in the Franchise Agreement between Byrider Franchising Partners, LLC, and Franchisee dated «Month» «Day», «Year» (together with its agents and successors, collectively, hereinafter "Licensee"), and is made part of the Franchise Agreement. Capitalized terms used but not defined in
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, the Byrider Software Services and User Agreement is binding between Byrider Franchising Partners, LLC, referred to as "Licensor" or "Company", and the franchisee, also referred to as "Licensee", as identified in the Franchise Agreement. This agreement is effective as of the date specified in the franchise agreement and is considered part of that agreement.
This means that both Byrider and the franchisee are legally obligated to adhere to the terms and conditions outlined in the Software Services and User Agreement. This agreement likely covers aspects such as the use of Byrider's proprietary software, data security, system maintenance, and support services. The franchisee's responsibilities include properly utilizing the software, protecting confidential information, and paying any associated fees.
Prospective franchisees should carefully review the Software Services and User Agreement (Exhibit D) in conjunction with the Franchise Agreement to fully understand their obligations and the services they will receive from Byrider. Understanding the scope of these obligations is crucial for budgeting and operational planning. Franchisees should also note that the agreement extends not only to the franchisee but also to their agents and successors, ensuring continuity and compliance even if the franchise changes hands.