What happens if a mandatory specification in the Byrider manual is determined to be unlawful?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Indemnification. Byrider Franchising Partners will indemnify you against claims and for actual costs associated with defending or participating in a suit or proceeding that arises from your authorized use of the Marks or from Byrider Franchising Partners' gross negligence or willful misconduct or from any mandatory specification, standard or procedure contained in the Manual that is determined to be unlawful. To be indemnified and held harmless by Byrider Franchising Partners, you must give Byrider Franchising Partners timely notice of any suits or proceedings as described above that are pending against you, and you must be in compliance with the Franchise Agreement. Byrider Franchising Partners has the right to participate in and control the suit, proceeding or litigation to the extent Byrider Franchising Partners considers necessary. (Franchise Agreement Article 11.3).
Source: Item 11 — (FDD pages 42–50)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, Byrider Franchising Partners will indemnify franchisees against claims and actual costs if a mandatory specification, standard, or procedure in the manual is determined to be unlawful. This indemnification covers costs associated with defending or participating in a suit or proceeding arising from the unlawful specification.
To be eligible for indemnification, Byrider franchisees must provide timely notice of any suits or proceedings and must be in compliance with the Franchise Agreement. Byrider retains the right to participate in and control the suit, proceeding, or litigation to the extent it deems necessary.
This means that if a franchisee is sued or incurs costs due to following a mandatory specification in the Byrider manual that is later found to be unlawful, Byrider will cover the franchisee's costs, provided the franchisee follows the notification and compliance requirements. This protection helps mitigate the risk for franchisees associated with adhering to Byrider's operational guidelines.