Does Byrider include a sample Non-Competition Agreement in the FDD?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
Page Rev.08/20/2021
Appendix A – Exhibits Confidentiality and Non-Disclosure Agreement A.1a Laws applicable to the retail sales and financing of vehicles A.2a Addendum to the Byrider Confidential Operating Manual (Ohio operators only) A.3a Addendum to Byrider Confidential Operating Manual (Kentucky operators only) A.4a Dealership Daily Duty Roster A.5a Related Finance Company (CNAC) Worksheet A.6a Board of Director's Consent Resolution and Exhibit A A.7a Agreement to Purchase Automobile Contracts A.8a Financing Services Agreement A.9a Requirements from the ECOA A.10a Byrider Franchising Forms Program A.11a Limited Warranty Coverage (Repairs Covered) A.12a Maximum Finance Charge Rate worksheet A.13a Servicemembers Civil Relief Act (SCRA) A.14a Byrider Deal Jacket Checklist A.15a CNAC Deal Jacket Checklist A.16a Collection abbreviations A.17a Field Call Log A.18a Skip Sheet A.19a Legal terms associated with bankruptcy A.20a Reaffirmation Agreement (October, 2005 Bankruptcy Law) A.21a Proof of Claim A.22a CNAC Repossession Checklist A.23a CNAC Inventory of Personal Items A.24a Katz, Sapper & Miller letter: Reporting Discharge of Indebtedness Under I.R.C. 6050P A.25a Customer 1099-C cover letter A.26a Collection Call Monitoring form A.27a Predictive Index (PI) Survey A.28a What can and can't I ask in an interview A.29a Non-Competition Agreement A.30a Intentionally left blank A.31a Byrider/CNAC Anti-Money Laundering Plan A.32a Byrider/CNAC Whistleblower Policy A.33a Byrider/CNAC Fair Credit Policy & Acknowledgement A.34a Byrider/CNAC Red Flag and Identity Theft Program A.35a Gramm Leach Bliley Act Chief Privacy Officer Guide A.36a Buyer's Auction Log A.37a Inventory Log Book A.38a Byrider Vehicle Categories A.39a Comprehensive Inspection Requirements A.40a Vehicle Lot Ready Report A.41a This Vehicle Not for Sale sign A.42a Notice of Incompleteness letter A.43a Daily Driving Log A.44a Shop Maintenance Schedule A.45a Medical Supply Order Form A.46a Service Safety Meeting A.47a New Vehicle Check In Sheet A.48a
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
Yes, according to the 2025 Byrider Franchise Disclosure Document, a sample Non-Competition Agreement is included as part of Appendix A – Exhibits. Specifically, it is listed as "Non-Competition Agreement A.30a". This indicates that prospective franchisees can review the terms and conditions of the non-competition agreement that they will be expected to adhere to if they purchase a Byrider franchise.
Non-competition agreements are legally binding contracts that restrict a franchisee's ability to engage in similar business activities, typically within a specific geographic area and for a certain period, after the franchise agreement terminates or expires. These agreements are designed to protect the franchisor's brand, trade secrets, and customer relationships. By including a sample agreement in the FDD, Byrider provides transparency and allows potential franchisees to understand the restrictions they will face.
It is important for prospective Byrider franchisees to carefully review the terms of the Non-Competition Agreement, including the duration, geographic scope, and specific activities that are restricted. Franchisees should also consider seeking legal advice to fully understand their rights and obligations under the agreement. The enforceability of non-competition agreements can vary by state, so it's crucial to understand the laws in the relevant jurisdiction. In North Dakota, the FDD states that covenants not to compete are generally considered unenforceable, but Byrider will enforce them to the maximum extent the law allows.