Does the Byrider area development agreement contain provisions related to renewal, termination, transfer, and dispute resolution?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 17: Renewal, Termination, Transfer, and Dispute Resolution]
ITEM 17
RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION
THE FRANCHISE RELATIONSHIP
This table lists certain important provisions of the franchise agreement, area development agreement and related agreements pertaining to renewal, termination, transfer, and dispute resolution. You should read these provisions in the agreements attached to this disclosure document.
| Section in | |||
|---|---|---|---|
| Franchise | |||
| Provision | Agreement or | Summary | |
| 1 10 13 10 11 | other | Summary | |
| agreement | |||
| b. | Renewal or extension | Articles 5.2 and | You have the right to obtain three |
| D. | of the Term | 5.3 | additional, successive franchise |
| or the renn | 0.0 | terms of five years each. However, | |
| if Byrider Franchising Partners is | |||
| then still in the business of licensing | |||
| new franchises, you will have the | |||
| right to obtain unlimited successive | |||
| franchises of five-years each, so | |||
| long as you continue to meet the | |||
| qualifications and conditions for | |||
| each renewal term. | |||
| h. | "Cause" defined – | Articles 16.1, | Failure to open the Business within |
| defaults which cannot | 16.2 and 16.4 | 1 year; failure to complete required | |
| be cured | initial training prior to opening for | ||
| See also Area | business; supplying Byrider | ||
| Development | Franchising Partners with materially | ||
| Agreement, | false, misleading, incomplete, or | ||
| Section 4 | inaccurate information; your | ||
| software agreement is terminated | |||
| by Byrider Franchising Partners for | |||
| breach of its provisions; you make | |||
| or attempt to make any transfer in | |||
| violation of Article 14 of the | |||
| Franchise Agreement, you make an | |||
| assignment for the benefit of | |||
| creditors or are deemed insolvent or | |||
| unable to pay your debts generally | |||
| as they become due; the business | |||
| or Business Location is seized, | |||
| taken over, or foreclosed by a | |||
| government official, creditor, | |||
| lienholder, or lessor and final | |||
| judgment is unsatisfied for thirty | |||
| days without bond or appeal or a | |||
| levy of execution has been made | |||
| upon the licenses granted or upon | |||
| any property used in the Business | |||
| and is not discharged within five | |||
| days of such levy; you or any of | |||
| your managers, directors, officers or | |||
| majority stockholder are convicted | |||
| of, or plead guilty or no contest to, a | |||
| felony or other criminal misconduct | |||
| directly related to the operation of | |||
| the Business. You default under | |||
| any other agreement with Byrider | |||
| Franchising Partners or its affiliates, | |||
| which does not afford you a cure | |||
| period. | |||
| n. | Byrider Franchising Partners' right of first refusal to acquire your business | Article 15 | Within 30 days of a notice of assignment from you, Byrider Franchising Partners has the right to match the offer given you by a third party and cause the transfer or assignment to be made to Byrider Franchising Partners. |
| u. | Dispute resolution by arbitration arbitration | Article 19.1 | You and Byrider Franchising Partners will engage in arbitration conducted in Indianapolis, Indiana. |
| V. | Choice of forum | Article 20.6 | Litigation must be in Marion County, Indiana (Subject to State Law) |
| W. | Choice of law | Article 20.5 | Indiana law applies (Subject to State Law) |
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 56–63)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, Item 17 provides details pertaining to renewal, termination, transfer, and dispute resolution related to the franchise agreement, area development agreement, and other related agreements. The FDD indicates that franchisees have the right to obtain three additional, successive franchise terms of five years each, provided they meet the qualifications and conditions for each renewal term.
The FDD also outlines various conditions under which Byrider may terminate the franchise agreement for cause, including failure to open the business within one year, failure to complete required initial training, providing false information, or defaulting under other agreements with Byrider.
Regarding dispute resolution, the FDD states that disputes will be resolved through arbitration in Indianapolis, Indiana, and litigation must occur in Marion County, Indiana, subject to state law. Indiana law governs the franchise agreement, also subject to state law. Byrider also has a right of first refusal to acquire the franchisee's business within 30 days of a notice of assignment from the franchisee.