How far in advance of opening a second or subsequent Byrider franchise must the franchisee sign a then-current franchise agreement?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
If, upon receipt of Franchisee's notice under this Section 5.3, the Company determines that, based on demographic changes and other factors, it desires to establish and operate or grant a franchise for the operation of an additional Business in the Protected Territory, the Company will give Franchisee a right of first refusal to acquire an additional franchise for the establishment of another Business in the Protected Territory. The Company will advise Franchisee of such right of first refusal opportunity in the Company's Notice. Franchisee will have thirty (30) days after receiving the Company's Notice to exercise Franchisee's right of first refusal. In order to exercise its right of first refusal, Franchisee must meet Company's then current criteria for franchisees and demonstrate sufficient capital and sign the Company's then current franchise agreement. If Franchisee does not exercise its right of first refusal within such thirty (30) day period or does not qualify for the additional franchised location, then Company will modify the Protected Territory as a condition of granting the Franchisee a successor franchise and Franchisee shall have no right of first refusal to the territory that ceases to be part of Franchisee's Protected Territory under the renewal franchise agreement.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, if Byrider determines to establish or grant a franchise for an additional business in the Protected Territory, Byrider will give the franchisee a right of first refusal to acquire an additional franchise for another Byrider business in the Protected Territory.
The franchisee has thirty (30) days after receiving Byrider's notice to exercise the right of first refusal. To exercise this right, the franchisee must meet Byrider's current criteria for franchisees, demonstrate sufficient capital, and sign Byrider's then-current franchise agreement.
If the franchisee does not exercise the right of first refusal within the 30-day period or does not qualify for the additional franchised location, Byrider will modify the Protected Territory as a condition of granting the franchisee a successor franchise. In this case, the franchisee will not have a right of first refusal to the territory that ceases to be part of the Franchisee's Protected Territory under the renewal franchise agreement.