What aspect of the Byrider Franchise Agreement does the Maryland Rider supersede?
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 |
| 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) the Franchisee is a resident of the State of Maryland; or (b) |
| Franchisee's Business is or will be operated in the State of Maryland; or (c) the offer to sell is |
| made in the State of Maryland; or (d) the offer to buy is accepted in the State of Maryland. |
| 2. |
| MARYLAND FRANCHISE REGISTRATION AND DISCLOSURE LAW. |
| The following is added as a new Section 2.12 of the Franchise Agreement: |
| 2.12 |
| MARYLAND FRANCHISE REGISTRATION AND DISCLOSURE |
| LAW. All representations requiring the Franchisee to assent to a release, estoppel |
| or waiver of liability are not intended to nor shall they act as a release, estoppel or |
| waiver of any liability incurred under the Maryland Franchise Registration and |
| Disclosure Law. |
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, the Maryland Rider is designed to take precedence over any conflicting elements within the standard Franchise Agreement. Specifically, the Rider ensures compliance with the Maryland Franchise Registration and Disclosure Law. This means that if any part of the original agreement clashes with Maryland's franchise regulations, the stipulations outlined in the Maryland Rider will be the governing terms. This is particularly relevant if the franchisee is a Maryland resident, operates their business in Maryland, or if the franchise offer or acceptance occurred in Maryland.
Several sections of the Byrider Franchise Agreement are modified or supplemented by the Maryland Rider to protect the franchisee's rights under Maryland law. For example, any general release that the franchisee is required to agree to will not apply to liabilities arising under the Maryland Franchise Registration and Disclosure Law. Additionally, while the agreement may specify a particular governing law or choice of forum, the Maryland Rider ensures that Maryland law and Maryland courts are available for claims related to Maryland franchise law.
Furthermore, the Maryland Rider addresses limitation of actions, specifying that any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after Byrider grants the franchise. The Rider also clarifies that certain provisions regarding releases as conditions of renewal, sale, or transfer do not waive rights under Maryland franchise law. These modifications ensure that Byrider franchisees in Maryland receive the full protection of their state's franchise laws, regardless of what the standard agreement might otherwise stipulate.