If there are conflicting provisions between the Byrider Rider and the Franchise Agreement, which document takes precedence?
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) the offer of the franchise is made or accepted |
| in the State of Illinois and Franchisee's Business is or will be located in the State of Illinois; and/or |
| (b) Franchisee is domiciled in Illinois. |
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the Byrider Rider takes precedence over any conflicting provisions in the Franchise Agreement. This means that if there is a disagreement or inconsistency between the two documents, the terms outlined in the Rider will be the ones that govern the relationship between Byrider and the franchisee. This is a standard legal practice to ensure that any specific modifications or updates to the original agreement are properly prioritized.
This clause is included in the Rider to clarify the relationship between the Franchise Agreement and the Rider itself. The Rider is designed to address specific situations or legal requirements, often related to state laws, and therefore needs to have the authority to override the general terms of the Franchise Agreement when necessary. This ensures that Byrider franchises operate in compliance with local regulations and that any negotiated changes are legally binding.
For a prospective Byrider franchisee, this means carefully reviewing both the Franchise Agreement and any Riders attached to it. It is crucial to understand that the Rider can modify the original terms, and its provisions should be thoroughly understood. If there are any conflicts or ambiguities, a franchisee should seek legal counsel to ensure they fully understand their rights and obligations under both documents. This is especially important in states like New York, Illinois, Maryland, and Minnesota, where specific Riders address state-specific laws and regulations.