What is the deadline for a Byrider franchisee to give notice of claims to Byrider Franchising Partners to be eligible for indemnification?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
Byrider Franchising Partners will indemnify you for claims against you and/or your Business that arise 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 (including, such copyrighted materials). As long as you give timely notice of these claims to Byrider Franchising Partners, have complied with the Franchise Agreement and Byrider Franchising Partners has participated in the proceeding as it deems necessary, Byrider Franchising Partners pays the reasonable costs that arise from the action.
Source: Item 14 — (FDD pages 54–55)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, Byrider Franchising Partners will indemnify franchisees for claims against them or their business under specific conditions. These claims must arise from Byrider Franchising Partners' gross negligence, willful misconduct, or from any mandatory specification, standard, or procedure in the Manual that is determined to be unlawful, including copyrighted materials.
To be eligible for indemnification, a Byrider franchisee must give "timely notice" of these claims to Byrider Franchising Partners. The FDD does not define what constitutes "timely notice," so it is important to clarify this with Byrider during the due diligence process.
Additionally, the franchisee must have complied with the Franchise Agreement, and Byrider Franchising Partners must have participated in the proceeding as it deems necessary. If these conditions are met, Byrider Franchising Partners will pay the reasonable costs that arise from the action. It is important for prospective franchisees to understand these conditions and the lack of a specific deadline for providing notice, as it could impact their ability to receive indemnification.