Is the Byrider franchise agreement binding on the parties' heirs and successors?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
- 20.14 Binding Effect. This Agreement is binding upon the parties and their respective executors, administrators, heirs, assigns and successors in interest, and shall not be modified except by written agreement by both the Franchisee and the Company, except that the Company shall have the right to unilaterally change the Manual from time to time so long as such change does not directly conflict with any provision of this Agreement.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the franchise agreement is binding upon the parties involved and their respective executors, administrators, heirs, assigns, and successors in interest. This means that the obligations and benefits of the agreement extend not only to the original franchisee and Byrider itself but also to those who inherit or otherwise succeed to their interests. This provision ensures that the agreement remains enforceable even if the original parties are no longer directly involved.
For a prospective Byrider franchisee, this clause has significant implications. If the franchisee were to pass away or transfer their business to another party, the terms of the franchise agreement would still apply. This could be beneficial if the franchise is successful, as the heirs or successors would inherit a profitable business with established rights. However, it also means that they would be bound by the obligations and restrictions outlined in the agreement, such as adhering to Byrider's operational standards and paying royalties.
It's important to note that while the agreement is generally binding, Byrider retains the right to unilaterally change the Manual from time to time, provided that such changes do not directly conflict with any provision of the agreement. This gives Byrider some flexibility in adapting its operating procedures, but it also means that franchisees and their successors must stay informed of any updates to the Manual. Franchisees should carefully consider these factors and seek legal counsel to fully understand the implications of this clause before entering into a franchise agreement with Byrider.