Does Byrider grant a license to use the Marks in connection with operating a business?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.4 Grant of Licenses. The Company grants to persons, who meet the Company's qualifications and are willing to undertake the investment and effort, a franchise to establish and operate a business using the System at a specified location(s) and a license to use the Marks in connection therewith.
ARTICLE IV
GRANT OF BYRIDER FRANCHISE
4.1 Grant of Franchise and License. Subject to the terms and conditions herein, the Company hereby grants to the Franchisee, and the Franchisee hereby accepts from the Company, (A) a non-exclusive franchise to open and operate one Business and (B) a non-exclusive license to use the System and the Marks solely in connection with the operation of the Franchisee's Business. Termination or expiration of this Agreement shall constitute a termination of the foregoing franchise and license. The Company will not operate or grant a franchise for the operation of another Business, the physical premises of which is located within the protected territory described on Exhibit A hereof (the "Protected Territory"); provided that the Company may operate and grant franchises for the operation of Businesses in the Protected Territory if the Company delivers a notice of default under this Agreement and Franchisee does not cure the default within the applicable cure period, if any.
- 4.2 Retention of Rights. Except as explicitly and specifically granted to the Franchisee herein, all rights in and to the Marks, the System, and the Business and the goodwill associated with each of them is hereby reserved to the Company. Franchisee is not granted any rights by implication, innuendo, extension or extrapolation. Specifically, but without limitation, the Company retains the right, but shall not be
any modified form, nor may the Franchisee use the Marks in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized by the Company. The Franchisee shall not use the Marks as part of any domain name, homepage, electronic address, user name, user profile or otherwise in connection with a website (unless approved by the Company), including, without limitation, in connection with any social networking site which references or identifies the Franchisee's Business, Business Location or Franchisee as a part of the System. The Franchisee shall give such notice of trademark and service mark registration as the Company specifies and to obtain such fictitious or assumed name registrations as may be required under applicable law. The non-exclusive personal right of the Franchisee to use the Marks in connection with the Franchisee's Business and its right to use the Marks and the System apply only to the Business Location and only so long as the Franchisee shall fully perform and comply with all of the conditions, terms and covenants of this Agreement. If, in the judgment of the Company, the acts of the Franchisee infringe upon or demean the goodwill, standards of uniformity or quality, or business standing associated with the Marks and the System, then the Franchisee shall immediately, upon notice from the Company, modify its use of the Marks and the System in the manner prescribed by the Company. The Franchisee shall not, during or after the Term, do anything directly or indirectly which would infringe upon, harm, mislead or contest the rights of the Company in the Marks or the System.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, Byrider grants a license to use its Marks in connection with operating a business. Specifically, Byrider grants a franchise to establish and operate a business using the Byrider system at a specified location and a license to use the Marks in connection with that business.
The license to use Byrider's Marks is non-exclusive and is granted to the franchisee subject to the terms and conditions outlined in the franchise agreement. Termination or expiration of the agreement results in the termination of both the franchise and the license to use the Marks.
The franchisee's right to use the Marks applies only to the specific business location and is contingent upon full compliance with all terms of the franchise agreement. Byrider retains all rights to the Marks and the Byrider system, except those explicitly granted to the franchisee. The franchisee cannot use the Marks in any way not expressly authorized by Byrider, including in domain names or on social networking sites without approval. The franchisee must also give notice of trademark and service mark registration as specified by Byrider and obtain any required fictitious or assumed name registrations.
Byrider also retains the right to operate or grant franchises for other businesses within the franchisee's protected territory if the franchisee defaults on the agreement and fails to correct the default within the given cure period. If Byrider believes the franchisee's actions are harming the goodwill or standards associated with the Marks, the franchisee must modify their use of the Marks as directed by Byrider. During and after the term of the agreement, the franchisee is prohibited from taking any action that could infringe upon or harm Byrider's rights to the Marks or the system.