What is the effect of a party failing to exercise its rights under the Byrider Software License Agreement?

According to Byrider's 2025 Franchise Disclosure Document, the failure of either party to exercise its rights under the Software License Agreement in a specific situation does not constitute a waiver of those rights or any other rights under the agreement for any purpose. This means that even if Byrider or the franchisee doesn't enforce a specific right in one instance, they still retain the right to enforce it in the future.

For a prospective Byrider franchisee, this clause provides some assurance that Byrider cannot be deemed to have given up its rights simply by not exercising them at some point. Conversely, Byrider franchisees should understand that the franchisor's inaction on a particular issue does not prevent Byrider from enforcing that right later on. This ensures that the terms of the agreement remain in effect regardless of whether they are consistently enforced.

This type of clause is common in franchise agreements to maintain the integrity of the contract over time. It prevents either party from inadvertently losing contractual rights due to temporary leniency or oversight. Franchisees should be aware of this provision and understand that Byrider's failure to act in one situation does not set a precedent for future situations.