What agreement does the Byrider Rider form an integral part of?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
ears after the cause of action accrues.
- CONSENT TO JURISDICTION. Notwithstanding anything to the contrary contained in the Franchise Agreement, Minn. Stat. Sec. 80C.21 and Minn. Rule 2860.4400J prohibit the Company, except in certain specified cases, from requiring litigation to be conducted outside of Minnesota. Nothing in this Agreement shall abrogate or reduce any of the Franchisee's rights under Minnesota Statutes chapter 80C or the Franchisee's right to any procedure, forum or remedies that the laws of the jurisdiction provide.
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 Franchise Agreement.
| "FRANCHISEE" | "COMPANY" | |
|---|---|---|
| «Name_of_Franchisee», «Entity_Type» | BYRIDER FRANCHISING PARTNERS, LLC | |
| «Signatory»«Signatory_Title» | By: Michael J. Onda, Chief Executive Officer |
RIDER TO THE FRANCHISE AGREEMENT FOR USE IN NEW YORK
| THIS RIDER (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 Franchisee are parties to that certain | ||
| Franchise | ||
| Agreement | ||
| dated | ||
| , | ||
| 20 | ||
| (the | ||
| "Franchise | ||
| Agreement"). This Rider is annexed to and forms an integral part of the Franchise Agreement. | ||
| This Rider supersedes any inconsistent or conflicting provisions of the Franchise Agreement. | ||
| Terms not otherwise defined in this Rider have the meanings as defined in the Franchise | ||
| Agreement. This Rider is being signed because (a) an offer to sell is made in the State of New | ||
| York; or (b) an offer to buy is accepted in the State of New York; or (c) if Franchisee is domiciled | ||
| in the State of New York; or (d) Franchisee's Business is or will be operated in the State of New | ||
| York. | ||
| 2. | ||
| RELEASES. The following provision is added to the end of Section 5.2.F., Section | ||
| 6.1.E. and Section 14.3.C.(6) of the Franchise Agreement: | ||
| Notwithstanding the foregoing, all rights enjoyed by Franchisee and any causes of | ||
| action arising in its favor from the provisions of Article 33 of the General Business | ||
| Law of the State of New York and the regulations issued thereunder shall remain |
Law of the State of New York and the regulations issued thereunder shall remain in force to the extent required by the non-waiver provisions of GBL Sections 687.4 and 687.5, as amended.
- ASSIGNMENT BY THE COMPANY. The following language is added to the end of Section 14.1 ("Assignment by the Company") of the Franchise Agreement:
However, to the extent required by applicable law, no transfer will be made except to an assignee who, in the Company's good faith judgment, is willing and able to assume the Company's obligations under this Agreement.
- TERMINATION OF AGREEMENT BY FRANCHISEE. The following language is added to the end of Section 16.3.A. ("Franchisee's Rights to Terminate; Grounds") of the Franchise Agreement:
Franchisee may also terminate this Agreement on any grounds available by law under the provisions of Article 33 of the General Business Law of the State of New York.
- GOVERNING LAW; CHOICE OF FORUM. The following statement is added to the end of Sections 20.5 ("Governing Law") and Section 20.6 ("Choice of Forum") of the Franchise Agreement:
This section shall not be considered a waiver of any right conferred upon Franchisee by the provisions of Article 33 of the New York State General Business Law, as amended, and the regulations issued thereunder.
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 Franchise Agreement.
| "FRANCHISEE" | "COMPANY" | |
|---|---|---|
| «Name_of_Franchisee», «Entity_Type» | BYRIDER FRANCHISING PARTNERS, LLC | |
| «Signatory»«Signatory_Title» | By: Michael J. |
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, the Rider is an integral part of either the Franchise Agreement or the Area Development Agreement, depending on the context. Specifically, if the franchisee is entering into a standard franchise arrangement, the Rider is annexed to and becomes part of the Franchise Agreement. Conversely, if the franchisee is developing multiple locations under an Area Development Agreement, the Rider is integrated into that Development Agreement.
The Rider's primary function is to modify or supersede specific provisions of the main agreement to accommodate state-specific legal requirements or to address inconsistencies. The document clarifies that if there are conflicting terms between the Rider and the original agreement (either the Franchise Agreement or the Area Development Agreement), the terms outlined in the Rider will take precedence. This ensures that the Byrider franchise operation complies with local laws and regulations, particularly in states like New York, Illinois, and Minnesota, as highlighted in the provided excerpts.
For a prospective Byrider franchisee, this means carefully reviewing the Rider alongside the Franchise Agreement or Area Development Agreement to understand any state-specific obligations or deviations from the standard terms. It is crucial to recognize that the Rider is not a standalone document but an extension of the primary agreement, and its provisions can significantly impact the franchisee's rights and responsibilities. Franchisees should pay close attention to the sections of the main agreement that the Rider modifies or supersedes, as these changes directly affect their operational and legal obligations.