What is the effect of the Byrider Rider on inconsistent provisions in the Franchise Agreement?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS RIDER (this "Rider") is made and entered into by and between BYRIDER |
|---|
| FRANCHISING PARTNERS, LLC, a Delaware limited liability company whose address it |
| 12802 Hamilton Crossing Boulevard, Carmel, Indiana, 46032 (the "Company"), and a(n) |
| whose |
| principal |
| business |
| address |
| is |
| (the |
| "Franchisee"). |
| 1. |
| BACKGROUND. The Company and Franchisee are parties to that certain |
| Franchise |
| Agreement |
| dated |
| , |
| 20 |
| (the |
| "Franchise |
| Agreement"). This Rider is annexed to and forms an integral part of the Franchise Agreement. |
| This Rider supersedes any inconsistent or conflicting provisions of the Franchise Agreement. |
| Terms not otherwise defined in this Rider have the meanings as defined in the Franchise |
| Agreement. This Rider is being signed because (a) the offer of the franchise is made or accepted |
| in the State of Illinois and Franchisee's Business is or will be located in the State of Illinois; and/or |
| (b) Franchisee is domiciled in Illinois. |
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the Rider that is part of the franchise agreement supersedes any inconsistent or conflicting provisions within the original agreement. This means that if there are discrepancies between the standard franchise agreement and the Rider, the terms outlined in the Rider will take precedence. This ensures that any specific conditions, amendments, or modifications relevant to a particular franchisee or situation are clearly prioritized.
Several excerpts from the FDD illustrate how the Rider is applied in specific situations. For franchisees in Minnesota, the Rider ensures compliance with Minnesota state law regarding termination notice, curing breaches, and other franchisee protections. For franchisees in New York, the Rider preserves their rights under Article 33 of the General Business Law of the State of New York. Similarly, for franchisees in Maryland, the Rider clarifies that no representations within the agreement act as a release or waiver of liability under the Maryland Franchise Registration and Disclosure Law. For franchisees in Illinois, the Rider specifies that, with certain exceptions, the laws of Illinois will govern the agreement.
This approach allows Byrider to tailor franchise agreements to comply with specific state laws and regulations, or to address unique circumstances of the franchisee. Prospective franchisees should carefully review any Riders attached to their franchise agreement to understand how these modifications affect their rights and obligations. It is also advisable to seek legal counsel to fully comprehend the implications of these Riders in conjunction with the standard franchise agreement.