If there is a conflict between the Byrider lease agreement and the lease addendum, which document governs?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
This Rider and the provisions hereof are hereby incorporated into the body of the lease to which this Rider is attached (the "Lease"), and the provisions hereof shall be cumulative of those set forth in the Lease, but to the extent of any conflict between any provisions of this Rider and the provisions of the Lease, this Rider shall govern and control.
Source: Item 22 — Contracts (FDD pages 87–88)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the lease addendum, also known as the Rider, takes precedence over the original lease agreement in case of any conflicts. This means that if there's a disagreement between what's written in the main lease and what's in the Rider, the terms of the Rider will be the ones that are enforced.
This is important for a prospective Byrider franchisee because the Rider contains specific provisions that protect Byrider's interests, such as the ability to assume the lease under certain conditions. The Rider ensures that Byrider has certain rights related to the property, such as signage rights and the ability to enter the premises under specific circumstances, even if those rights aren't explicitly stated in the original lease.
As a result, Byrider franchisees should pay close attention to the terms outlined in the Rider, as these will govern their rights and responsibilities related to the leased property. Franchisees should also be aware that the lease cannot be terminated, modified, or amended without Byrider's prior written consent, further emphasizing Byrider's control over the lease agreement.