Who bears the expense of changes and amendments to the Marks if Byrider requires a franchisee to modify or discontinue the use of any of the Marks?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
If there is a claim by any party that its right to any use of the Marks are superior and if the Company determines that such claim is legally meritorious or if the Company determines, in its sole discretion, that it is advisable for the Company and/or the Franchisee to modify or discontinue the use of any of the Marks, and/or use one or more additional or substitute Marks then, upon notice from the Company, the Franchisee, at its expense, will immediately make such changes and amendments to the Marks and all materials on which the Marks are displayed as may be required by the Company.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the franchisee is responsible for the expenses associated with changes and amendments to the Marks if Byrider requires a modification or discontinuation of their use. This includes changes to all materials displaying the Marks.
This means that if Byrider determines it necessary to modify or discontinue the use of any of its Marks due to a claim that its rights to the Marks are superior, the franchisee must bear the cost of implementing these changes. This could involve updating signage, marketing materials, and any other items displaying the Marks to reflect the required modifications or discontinuation.
This requirement places a financial burden on the franchisee, as they must be prepared to cover the costs of these changes, which can potentially be significant depending on the extent of the modifications required. Prospective franchisees should consider this potential expense when evaluating the Byrider franchise opportunity.