In the Byrider franchise agreement, what is substituted for the notice requirements if a law requires a greater prior notice of termination?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
If any applicable and binding law or rule of any jurisdiction requires a greater prior notice of the termination or refusal to extend the Term or prior notice of the refusal to grant the right to obtain a Successor Franchise Agreement than is required herein or the taking of some other action not required hereunder or if under any applicable and binding law or rule of any jurisdiction, any provision of this Agreement or any specification, standard or operating procedure prescribed by the Company is invalid or unenforceable, the prior notice or other action required by such law or rule shall be substituted for the notice requirements hereof, or such invalid or unenforceable provision, specification, standard or operating procedure shall be modified to the extent required to be valid and enforceable.
Such modifications to this Agreement shall be effective only in such jurisdictions and shall be enforced as originally made and entered into in all other jurisdictions.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, if any applicable law requires a greater prior notice of termination or refusal to extend the term than what is required in the franchise agreement, the notice required by that law will be substituted. Additionally, if any provision, specification, standard, or operating procedure prescribed by Byrider is invalid or unenforceable under any applicable law, it will be modified to the extent required to be valid and enforceable. These modifications are effective only in the specific jurisdictions where they are required and will be enforced as originally written in all other jurisdictions.
This means that Byrider franchisees are subject to the most favorable termination and renewal notice provisions, whether those are defined in the franchise agreement itself or by state or local laws. Franchise agreements often include clauses requiring adherence to local laws, but this section emphasizes that Byrider will abide by the strictest requirements, which protects the franchisee.
This clause ensures that Byrider franchisees are not held to terms that are less favorable than what is legally mandated in their jurisdiction. It provides an added layer of protection, especially in states with strong franchise laws. Prospective franchisees should still consult with legal counsel to understand the specific laws in their state and how they interact with the Byrider franchise agreement.