What is the condition that must be met before a Byrider licensee can terminate the agreement due to a breach by the licensor?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
Licensee's sole remedy for any failures of Licensor under Section 16 is, thirty (30) days after detailed written notice of the breach has been provided to Licensor and the breach remains uncured, to terminate this Agreement by written notice given within ten (10) days after the end of the cure period and have returned to it the fees actually paid by the Licensee to Licensor for the sixty (60) days preceding the date of termination.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, a licensee's ability to terminate the agreement due to a breach by Byrider is subject to specific conditions and timelines.
Specifically, regarding failures by Byrider under Section 16 of the agreement, the licensee must provide detailed written notice of the breach to Byrider. If the breach remains uncured for thirty (30) days after this notice, the licensee has the right to terminate the agreement. However, this termination must be executed by written notice given within ten (10) days after the end of the initial thirty-day cure period. Upon such termination, the licensee is entitled to a return of the fees actually paid to Byrider for the sixty (60) days preceding the termination date.
This clause outlines a structured process for addressing breaches, requiring the licensee to provide formal notice and allowing Byrider a defined period to rectify the issue. Failure to cure the breach within the specified timeframe allows the licensee to terminate the agreement, but strict adherence to the notification and termination timelines is essential to ensure the licensee's rights are protected and that they can recover fees paid during the period leading up to the termination.