factual

Does the Byrider franchise agreement contain the complete agreement between the parties?

Byrider Franchise · 2025 FDD

Answer from 2025 FDD Document

rrence or thereafter and as soon as possible the nonperforming party shall immediately resume performance and, in no event, shall non-performance be excused for more than six (6) months.

  • 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.
  • 20.15 Complete Agreement. This Agreement contains the complete expression of the agreement between the parties and there are no promises, representations or inducements except as herein provided.

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 designed to be the complete expression of the agreement between Byrider and the franchisee. Specifically, section 20.15 of the agreement states that there should be no additional promises, representations, or inducements outside of what is explicitly provided in the agreement itself. This clause aims to provide clarity and certainty in the contractual relationship, ensuring both parties are bound only by what is written. However, the agreement also specifies that nothing within it or any related agreement is intended to disclaim the representations made in the franchise disclosure document. This is an important clarification, as the FDD provides crucial information that informs the franchisee's decision.

This "integration clause" is a common feature in franchise agreements. It is intended to prevent disputes based on verbal agreements or understandings that are not documented in writing. For a prospective Byrider franchisee, this means it is critical to ensure that all material terms, conditions, and expectations are clearly documented within the franchise agreement. Any verbal promises or assurances from Byrider representatives should be confirmed in writing to avoid potential future disagreements.

However, Byrider retains 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. This means that Byrider can make changes to the operating manual without needing the franchisee's consent, as long as those changes don't contradict the franchise agreement itself. This gives Byrider some flexibility in adapting its business model, but it also means that franchisees need to stay informed about changes to the manual, as these changes will be binding.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.