If the Byrider business location is not identified on Exhibit A, who is responsible for finding a suitable site?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
7.1 Business Location. The Franchisee shall operate the Franchisee's Business only at the Business Location. If the Business Location is identified on Exhibit A, it has been approved by the Company, and Franchisee acknowledges and agrees that the Company has performed all of its obligations under this Agreement with respect to site selection or approval If the Business Location is not identified on Exhibit A, the Franchisee shall bear the entire responsibility of finding, and shall use its best efforts to find, a site acceptable to the Company utilizing its own resources, skills and know-how, and following any requirements set forth by the Company. The selection of the Business Location shall be subject to the prior written approval of the Company whose reasonable determination in this regard shall be final.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, if the business location is not identified on Exhibit A, the franchisee bears the entire responsibility of finding a suitable site. The franchisee must use their own resources, skills, and know-how to find a site acceptable to Byrider, while also adhering to any requirements set forth by Byrider. The selection of the business location is subject to Byrider's prior written approval, and Byrider's determination in this regard is final.
This means that prospective Byrider franchisees need to be prepared to invest significant time and effort in researching and identifying potential locations. They should also be ready to present detailed site analyses and other supporting documentation to Byrider for approval. Byrider may require the franchisee to submit site analyses, maps, completed checklists, photographs, digital or video motion pictures of the site and surrounding areas, copies of proposed leases, diagrams of the business location with measurements, a letter of intent, or other evidence of the franchisee's favorable prospects of obtaining the proposed location.
While Byrider retains the right to approve or disapprove the proposed site, the franchisee bears the initial responsibility for finding a location that meets Byrider's criteria. The FDD states that Byrider's engagement in site selection activities, suggestions, or approval does not create any liability for Byrider regarding the viability of the location. Nor does it constitute any guarantee of the suitability, prospects, or profitability of the location for a Byrider business. This places the onus on the franchisee to conduct thorough due diligence and assess the potential of the site.
Furthermore, the franchisee is responsible for securing the location and ensuring it meets Byrider's standards. The franchisee must submit a description of the proposed site and other requested information to Byrider, along with a letter of intent or other evidence confirming the franchisee's favorable prospects for obtaining the proposed site. Byrider will provide written notice of approval or disapproval within 30 days after receiving the franchisee's written proposal, and its approval will not be unreasonably withheld. If Byrider disapproves a site, it will provide a written explanation to the franchisee.