What is the financial limit on Byrider Licensor's aggregate liability to the Licensee for any cause?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
LICENSOR'S AGGREGATE LIABILITY TO LICENSEE FOR ANY CAUSE WHATSOEVER IS LIMITED TO AN AMOUNT EQUAL TO THE FEES COVERED BY APPENDIX B AND ACTUALLY PAID BY LICENSEE FOR USE OF THE LICENSED SYSTEM DURING THE THEN MOST RECENT 12 MONTH PERIOD OF TIME PRECEDING THE DATE OF THE EVENT (OR, IF MORE THAN ONE EVENT, THE FIRST EVENT) GIVING RISE TO THE LIABILITY.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, Byrider Licensor's aggregate liability to the Licensee for any cause is limited to the fees covered by Appendix B and actually paid by the licensee for the use of the licensed system. This covers the most recent 12-month period before the event that caused the liability. If there is more than one event, it is based on the date of the first event that caused the liability.
This means that if a franchisee incurs damages due to Byrider's actions or failures, the maximum amount Byrider would be liable to pay is capped. This cap is determined by the amount the franchisee paid in fees for using Byrider's licensed system during the 12 months leading up to the event that triggered the liability. The specific fees included are detailed in Appendix B of the Franchise Agreement, which is not provided in the excerpts.
This limitation of liability has significant implications for prospective franchisees. It means that regardless of the extent of damages a franchisee might suffer due to Byrider's actions, the franchisee's potential recovery is limited to the amount of fees paid within a specific timeframe. Franchisees should carefully review Appendix B to understand which fees are included in this calculation and consider the potential financial risks associated with this limitation of liability.