Does the Byrider franchise agreement distinguish between voluntary and involuntary assignments?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
- The following is added to the end of the "Summary" sections of Item 17€, entitled "Requirements for you to renew or extend" and Item 17(n), entitled "Conditions for Byrider Franchising Partners' approval of transfer":
However, any release required as a condition of renewal and/or assignment/transfer will not apply to the extent prohibited by the North Dakota Franchise Investment Law.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
The 2025 Byrider Franchise Disclosure Document (FDD) does not explicitly distinguish between voluntary and involuntary assignments within the franchise agreement. However, the FDD does state that Byrider Franchising Partners must approve any transfer of the franchise. Specifically, Item 23 includes language added to the "Summary" sections of Item 17(m), entitled "Conditions for Byrider Franchising Partners' approval of transfer".
This section indicates that Byrider Franchising Partners' approval is required for any transfer of the franchise. The FDD states that any release required as a condition of assignment/transfer will not apply to the extent prohibited by the North Dakota Franchise Investment Law. This suggests that while Byrider maintains control over franchise assignments, certain legal protections for franchisees may exist, particularly in North Dakota.
Prospective franchisees should carefully review Item 17(m) of the Franchise Agreement within the FDD and consult with a legal professional to fully understand the conditions under which Byrider will approve a transfer and what rights a franchisee has in both voluntary and involuntary assignment scenarios. Understanding these conditions is crucial for franchisees planning for future business transitions or facing unforeseen circumstances that may necessitate a transfer of ownership.