What is the condition for the Byrider Licensor to hold implementation of certain sections in abeyance?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding any other provision of this Agreement to the contrary, if Licensee terminates the Franchise Agreement upon final determination by a court of the Licensor's breach of the Franchise Agreement or this Agreement, (a) Licensor shall hold implementation of the provisions of Sections 17.1.D.E.F.G.H and 17.2 of the Franchise Agreement in abeyance for such reasonable period as is necessary, not to exceed ninety (90) days, for Licensee to implement a transition of its business to new systems, new signage etc. all without charge therefor and the restrictions of Section 18.1 and 18.2 of the Franchise Agreement shall be inapplicable and (b) Licensor shall promptly make available to Licensee (upon
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the Licensor will hold implementation of specific sections of the Franchise Agreement in abeyance under certain conditions. Specifically, if a Licensee terminates the Franchise Agreement due to a final court determination of the Licensor's breach of the Franchise Agreement or the Software Services and User Agreement, the Licensor will temporarily suspend the enforcement of Sections 17.1.D.E.F.G.H and 17.2 of the Franchise Agreement.
This abeyance period is for a reasonable duration, not exceeding 90 days, to allow the Licensee to transition their business to new systems and signage without incurring charges. During this period, the restrictions outlined in Sections 18.1 and 18.2 of the Franchise Agreement will not apply. Additionally, Byrider must provide the franchisee with all necessary information to collect receivables and facilitate an orderly business transfer or wind-down.
This provision offers some protection to the franchisee in the event of a significant breach by Byrider, allowing them time to reorganize their business affairs. It is important for potential franchisees to understand the conditions under which this protection applies and the specific sections of the agreement that are affected.