How does the Byrider Franchise Agreement Addendum affect the interpretation of the Renewal Franchise Agreement?

According to Byrider's 2025 Franchise Disclosure Document, the Addendum to the Renewal Franchise Agreement modifies specific sections of the Renewal Franchise Agreement. Specifically, the addendum stipulates that Section 7.4, regarding 'Opening,' Section 9.1, concerning the 'Initial Franchise Fee,' and Section 16.1, addressing the 'Right to Terminate Prior to Opening,' are deleted from the Renewal Franchise Agreement.

Furthermore, upon the execution of both the Addendum and the Renewal Franchise Agreement, the existing Franchise Agreement is terminated. This indicates that the Addendum serves to supersede certain initial terms and conditions outlined in the Renewal Franchise Agreement, and it finalizes the transition from any prior agreements to the new renewal terms.

For a prospective Byrider franchisee, this means that the terms related to the store opening process, the initial franchise fee, and the right to terminate the agreement before opening, as originally stated in the Renewal Franchise Agreement, will not apply. Instead, the Addendum effectively removes these sections, suggesting that these aspects of the franchise relationship may be governed by separate discussions, negotiations, or other agreements between Byrider and the franchisee. It is important for franchisees to understand the implications of these deletions and to seek clarification on how these aspects are handled in practice.