For Byrider franchises in Rhode Island, what takes precedence if there are conflicting provisions between the Franchise Agreement and the Rider?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS RIDER is made and entered into by and between BYRIDER FRANCHISING |
|---|
| PARTNERS, LLC, a Delaware limited liability company whose address it 12802 Hamilton |
| Crossing Boulevard, Carmel, Indiana, 46032 (the "Company"), and |
| a(n) whose principal business address is |
| (the "Franchisee"). |
| 1. |
| BACKGROUND. The Company and the Franchisee are parties to that certain |
| Franchise Agreement dated, 20 (the "Franchise Agreement"). |
| This Rider is annexed to and forms an integral part of the Franchise Agreement. This Rider |
| supersedes any inconsistent or conflicting provisions of the Franchise Agreement. |
| Terms not |
| otherwise defined in this Rider have the meanings as defined in the Franchise Agreement. This |
| Rider is being signed because (a) the Franchisee is a resident of the State of Maryland; or (b) |
| Franchisee's Business is or will be operated in the State of Maryland; or (c) the offer to sell is |
| made in the State of Maryland; or (d) the offer to buy is accepted in the State of Maryland. |
| 2. |
| MARYLAND FRANCHISE REGISTRATION AND DISCLOSURE LAW. |
| The following is added as a new Section 2.12 of the Franchise Agreement: |
| 2.12 |
| MARYLAND FRANCHISE REGISTRATION AND DISCLOSURE |
| LAW. All representations requiring the Franchisee to assent to a release, estoppel |
| or waiver of liability are not intended to nor shall they act as a release, estoppel or |
| waiver of any liability incurred under the Maryland Franchise Registration and |
| Disclosure Law. |
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, the Rider to the Franchise Agreement supersedes any inconsistent or conflicting provisions of the Franchise Agreement itself. This means that if there is a disagreement between the terms outlined in the original Franchise Agreement and those in the Rider, the terms of the Rider will be the ones that are enforced. This applies specifically to Byrider franchises operating in Rhode Island.
This is a crucial point for prospective Byrider franchisees in Rhode Island to understand. The Rider is designed to modify the standard Franchise Agreement to comply with specific state laws or address unique circumstances within that state. Therefore, franchisees should pay close attention to the Rider and understand how it alters the original agreement.
For instance, the Rhode Island Rider includes specific language related to choice of forum and choice of law, ensuring that the Rhode Island Franchise Investment Act is upheld. This means that certain provisions in the standard Franchise Agreement, such as those restricting jurisdiction or requiring the application of laws from another state, may be void within Rhode Island if they conflict with the Act. Byrider franchisees should carefully review both the Franchise Agreement and the Rider with legal counsel to fully grasp their rights and obligations under Rhode Island law.