What are the conditions for Byrider Franchising Partners to indemnify me against claims?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Indemnification. Byrider Franchising Partners will indemnify you against claims and for actual costs associated with defending or participating in a suit or proceeding that arises from your authorized use of the Marks or from Byrider Franchising Partners' gross negligence or willful misconduct or from any mandatory specification, standard or procedure contained in the Manual that is determined to be unlawful. To be indemnified and held harmless by Byrider Franchising Partners, you must give Byrider Franchising Partners timely notice of any suits or proceedings as described above that are pending against you, and you must be in compliance with the Franchise Agreement. Byrider Franchising Partners has the right to participate in and control the suit, proceeding or litigation to the extent Byrider Franchising Partners considers necessary. (Franchise Agreement Article 11.3).
Source: Item 11 — (FDD pages 42–50)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, Byrider Franchising Partners will indemnify franchisees against certain claims and actual costs under specific conditions. This indemnification applies to costs associated with defending or participating in a suit or proceeding that arises from the franchisee's authorized use of Byrider's Marks. It also extends to claims resulting from Byrider Franchising Partners' gross negligence or willful misconduct, or from any mandatory specification, standard, or procedure in the Manual that is determined to be unlawful.
To be eligible for indemnification, a Byrider franchisee must provide Byrider Franchising Partners with timely notice of any pending suits or proceedings. Additionally, the franchisee must be in full compliance with the Franchise Agreement at the time the claim arises.
Byrider Franchising Partners retains the right to participate in and control the suit, proceeding, or litigation to the extent it deems necessary. This means that while Byrider provides indemnification, they also maintain control over the legal strategy and defense.