factual

What agreement does this Rider modify for Byrider franchisees in New York?

Byrider Franchise · 2025 FDD

Answer from 2025 FDD Document

| 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.

  1. 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.

  1. 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.

  1. 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.

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 Franchise Agreement for franchisees in New York. This modification is implemented because an offer to sell or buy was made in New York, or if the franchisee is domiciled or will operate their business in New York.

The Rider specifically addresses the rights of franchisees under Article 33 of the General Business Law of the State of New York. It ensures that franchisees retain all rights and causes of action arising from these provisions, superseding any conflicting terms in the original Franchise Agreement. This includes the non-waiver provisions of General Business Law Sections 687(4) and 687(5).

Additionally, the Rider includes specific language that is added to the end of Section 14.1 of the Franchise Agreement, regarding assignment by the company, Section 16.3.A, regarding termination of the agreement by the franchisee, and to Sections 20.5 and 20.6, regarding governing law and choice of forum. These additions ensure that the franchisee's rights under Article 33 of the New York State General Business Law are protected and not waived.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.