What happens to conflicting provisions between the Byrider Franchise Agreement and the Rider?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS RIDER (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 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 offer of the franchise is made or accepted |
| in the State of Illinois and Franchisee's Business is or will be located in the State of Illinois; and/or |
| (b) Franchisee is domiciled in Illinois. |
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, a Rider is incorporated into the Franchise Agreement. The Rider serves to override any conflicting or inconsistent terms that may exist within the original Franchise Agreement. This means that if there's a disagreement between the two documents, the provisions outlined in the Rider will take precedence.
This ensures that any specific modifications, exceptions, or state-specific requirements included in the Rider are properly implemented and legally binding. For example, Byrider includes a rider for franchisees in states such as New York, Maryland, and Illinois to comply with state-specific laws.
As a prospective franchisee, it's crucial to carefully review both the Franchise Agreement and any attached Riders to fully understand your rights and obligations. Pay close attention to any sections where the Rider modifies or supersedes the original agreement, as these changes will directly impact your franchise operations and legal standing.