factual

If a Byrider franchisee wants to proceed with a Control Assignment, what documentation must they provide to Byrider?

Byrider Franchise · 2025 FDD

Answer from 2025 FDD Document

subject to the provisions of this Section 14, the Company will approve a transfer that meets all of the requirements of this Section 14.3.C. A non-controlling (less than 50%) ownership interest in the Franchisee (or its owners), as determined as of the date on which the proposed transfer will occur, may be transferred if the proposed transferee and its direct and indirect owners (if the transferee is a legal entity) are of good character and meet the Company's then applicable standards for franchisees. All proposed transferees must fill out and submit to the Company its then current form of franchise application. If the proposed transfer is of this Agreement, the Franchisee's Business or a controlling ownership interest in the Franchisee or one of its owners, or is one of a series of transfers (regardless of time period over which these transfers take place) which in the aggregate transfer this Agreement or a controlling ownership interest in the

Franchisee (or one of its owners) (each, a "Control Assignment"), then all of the following conditions must be met before or concurrently with the effective date of the transfer:

  • (1) The purchaser, transferee, lessee or assignee (the "Assignee") (or the principal officers, shareholders, members, or directors of the Assignee in the case where the Assignee is a legal entity) has the aptitude, skills, qualifications, credit and financial resources necessary, in the Company's judgment, to conduct the Franchisee's Business and to fulfill the Assignee's obligations to the Company;
  • (2) As of the date of any such Control Assignment, the Franchisee shall have fully complied with all its obligations hereunder or under any other agreement with the Company, including, without limitation, (i) paying all monetary obligations owed to the Company, its affiliates, and any third party vendors, (ii) submitting all required reports and statements, and (iii) complying with all provisions of this Agreement or any other agreement with the Company or its affiliates during both the sixty (60) day period before the Franchisee requested the Company's consent and the period between the Franchisee's request for consent and the effective date of the Assignment;
  • (3) Neither the Assignee nor its owners (if the Assignee is a legal entity) or affiliates have an ownership interest (direct or indirect) in or perform services for a Competitive Business (defined in Section 18.1);
  • (4) The Business Location's landlord, if any, allows the Franchisee to transfer the Business Location's lease to Assignee, Assignee assumes all of the obligations of the Franchisee under the lease for the Business Location and the Franchisee is not in default with respect to any of its obligations under said lease;

Source: Item 23 — Receipts (FDD pages 88–335)

What This Means (2025 FDD)

According to Byrider's 2025 Franchise Disclosure Document, if a franchisee intends to make a Control Assignment, the proposed transferee must fill out and submit Byrider's current franchise application form. A Control Assignment is defined as the transfer of the Franchise Agreement, the franchisee's business, or a controlling ownership interest in the franchisee or one of its owners. It also includes a series of transfers that, in total, transfer the agreement or a controlling ownership interest.

In addition to the application, Byrider requires information to evaluate the proposed assignee. The franchisee must provide Byrider with any information Byrider deems necessary to evaluate the proposed assignee and ensure they meet Byrider's requirements.

Furthermore, before the transfer can take effect, several conditions must be met. The assignee must demonstrate the aptitude, skills, qualifications, credit, and financial resources necessary to conduct the Byrider business and fulfill the obligations to Byrider. The franchisee must also be in full compliance with all obligations under the Franchise Agreement or any other agreement with Byrider. This includes paying all monetary obligations, submitting all required reports, and complying with all provisions of the agreements. The landlord must also allow the transfer of the business location's lease to the assignee, and the franchisee must not be in default under the lease.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.