What happens if there are conflicting provisions between the Rider and the Area Development Agreement for a Byrider franchisee in New York?
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) an offer to sell is made in the State of New | ||
| York; or (b) an offer to buy is accepted in the State of New York; or (c) if Franchisee is domiciled | ||
| in the State of New York; or (d) Franchisee's Business is or will be operated in the State of New | ||
| York. | ||
| 2. | ||
| RELEASES. The following provision is added to the end of Section 5.2.F., Section | ||
| 6.1.E. and Section 14.3.C.(6) of the Franchise Agreement: | ||
| Notwithstanding the foregoing, all rights enjoyed by Franchisee and any causes of | ||
| action arising in its favor from the provisions of Article 33 of the General Business | ||
| Law of the State of New York and the regulations issued thereunder shall remain |
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, a specific rider is added to the Franchise Agreement for franchisees in New York. This rider addresses certain legal requirements and considerations specific to New York State.
The FDD states that this rider supersedes any inconsistent or conflicting provisions of the Franchise Agreement. This means that if there is a conflict between the terms outlined in the standard Franchise Agreement and the terms in the New York Rider, the terms of the Rider will take precedence. This ensures that the Byrider franchise agreement complies with New York state law and protects the rights of the franchisee as defined by New York's General Business Law.
Specifically, the rider ensures that the franchisee retains all rights and causes of action arising from Article 33 of the General Business Law of the State of New York and its regulations. Additionally, certain sections regarding assignment by the company, termination by the franchisee, governing law, and choice of forum are modified to ensure compliance with New York law and to prevent waiver of rights conferred by Article 33 of the New York State General Business Law.