In the event of a conflict between the Lease and the Rider, which document governs the Byrider franchise agreement?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
This Rider and the provisions hereof are hereby incorporated into the body of the lease to which this Rider is attached (the "Lease"), and the provisions hereof shall be cumulative of those set forth in the Lease, but to the extent of any conflict between any provisions of this Rider and the provisions of the Lease, this Rider shall govern and control.
Source: Item 22 — Contracts (FDD pages 87–88)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, a Rider is incorporated into the lease agreement, and in the event of any conflict between the provisions of the Rider and the provisions of the Lease, the Rider will govern and control. This means that the terms outlined in the Rider take precedence over any conflicting terms in the original lease agreement.
For a prospective Byrider franchisee, this is important because the Rider contains specific clauses that protect Byrider's interests and ensure the franchisee's operations align with Byrider's standards. These clauses address matters such as signage rights, the franchisor's right to enter the premises, and the franchisor's right to receive notice of any default by the tenant.
This clause ensures that Byrider maintains a degree of control over the leased premises, even though they are not a direct party to the lease. It also provides Byrider with the opportunity to protect its brand and operational standards. Franchisees should carefully review the Rider to understand how it modifies the original lease and what obligations they have to Byrider as a result.