What must a Byrider franchisee obtain regarding contractors' services for construction, remodeling, decorating, and installation?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchisee agrees that promptly after securing the Business Location, it will: (i) cause to be prepared and submitted for approval by the Company, a site survey and any modifications to the Company's basic plans and specifications for a Business Location (including requirements for dimensions, exterior design, materials, interior design and layout, equipment, fixtures, furniture, signs and decorating) for sales, finance, and service departments required for the development of a Business Location at the site leased or purchased therefore.
The Franchisee may modify the Company's basic plans and specifications only to the extent required to comply with all applicable ordinances, building codes, and permit requirements, and with prior notification to and approval by the Company, not to be unreasonably withheld; (ii) obtain all required zoning changes; all required building, utility, health, sanitation, and signed permits and licenses, and any other required permits and licenses; (iii) purchase or lease and install all equipment, fixtures, furniture, and signs required by the Company; (iv) complete the decorating of the Franchisee's Business in full and strict compliance with the plans and specifications therefor approved by the Company and all applicable ordinances, building codes, and permit requirements; (v) obtain all customary contractors sworn statements and partial and final waivers of lien for construction, remodeling, decorating, and installation services; and (vi) otherwise complete the development of and have the Franchisee's Business ready to open and commence the conduct of its business as required.
- B.
The Franchisee is strictly responsible for the acts or omissions of its contractors regarding compliance with this Article VII and the Company shall have no responsibility for such acts or omissions.
The Company shall not be liable for any loss or damage arising from the plans or specifications for the Business Location by reason of its approval of plans and specifications, or otherwise.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, a franchisee must obtain all customary contractors' sworn statements and partial and final waivers of lien for construction, remodeling, decorating, and installation services. This requirement is part of the franchisee's responsibility to complete the development of their business and have it ready to open.
This means that before opening a Byrider franchise, the franchisee needs to ensure they have the proper documentation from all contractors involved in the construction, remodeling, decorating, and installation processes. These documents, including sworn statements and waivers of lien, protect both the franchisee and Byrider by confirming that the contractors have been paid and that no liens can be placed on the property for unpaid work.
It is important for a prospective Byrider franchisee to understand that they are strictly responsible for the actions of their contractors. Byrider will not be liable for any losses or damages arising from the plans or specifications for the Business Location, even if Byrider approved those plans. Therefore, franchisees should carefully vet and manage their contractors to ensure compliance with all requirements and to protect their investment.