Is Byrider Franchising Partners required to protect, defend, or renew copyrights or confidential information?

According to Byrider's 2025 Franchise Disclosure Document, Byrider Franchising Partners is not obligated by any agreement to protect, defend, or renew copyrights or confidential information. However, Byrider states that it intends to do so when it is in the company's best interests. This means that while Byrider owns the copyrights to its manuals and computer programs like Discover, it is not contractually bound to take action against infringement or to maintain these copyrights.

For a prospective franchisee, this implies that Byrider may or may not actively pursue legal action against unauthorized use of its copyrighted materials or confidential information. While Byrider intends to protect its intellectual property when it benefits the company, franchisees should be aware that they cannot rely on Byrider to take action in every instance of potential infringement. This could affect the value and exclusivity of the Byrider system in the franchisee's territory.

However, Byrider will indemnify franchisees for claims against them and/or their business that arise from Byrider's gross negligence or willful misconduct or from any mandatory specification, standard, or procedure contained in the Manual that is determined to be unlawful, including such copyrighted materials. This protection is contingent on the franchisee providing timely notice of claims, complying with the Franchise Agreement, and allowing Byrider to participate in the legal proceedings as it deems necessary. If these conditions are met, Byrider will cover the reasonable costs arising from the action.