Does the Byrider franchise agreement consider a gift of the franchise as a 'Transfer'?

According to the 2025 Byrider Franchise Disclosure Document, the franchise agreement explicitly includes a gift of the franchise as a 'Transfer'. This means that if a franchisee wishes to give their Byrider franchise to someone else, it is considered a transfer of ownership and is subject to the conditions outlined in the franchise agreement.

Byrider requires prior written approval from the company for any transfer of the franchise. This approval will not be unreasonably withheld. The term 'Transfer' encompasses a voluntary, involuntary, direct, or indirect assignment, sale, gift, or other disposition. This broad definition ensures that any change in ownership or control of the franchise is subject to Byrider's review and approval.

Specifically, the Byrider FDD lists 'gift' as one of the included actions in the definition of a transfer. This means that gifting the franchise is not treated differently than selling it, and the franchisee must still seek approval from Byrider. This provision allows Byrider to maintain control over who operates its franchises and ensures that new operators meet their standards for character, skill, and financial capacity. A prospective franchisee should carefully review the conditions for transfer in the franchise agreement to understand the requirements and potential costs associated with transferring their Byrider franchise in the future.