What is the Landlord acknowledging regarding the Tenant's operation of a Byrider business at the Premises?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
Landlord acknowledges that Tenant intends to operate a Byrider business at the Premises, and that Tenant's rights to operate a Byrider business and to use the Byrider® name, trademarks and service marks are solely pursuant to a franchise agreement ("Franchise Agreement'') between Tenant and Byrider Franchising Partners, LLC ("Franchisor").
Tenant's operations at the Premises are independently owned and operated.
Landlord acknowledges that Tenant alone is responsible for all obligations under the Lease unless and until Franchisor or another franchisee expressly, and in writing, assumes such obligations and takes actual possession of the Premises.
Source: Item 22 — Contracts (FDD pages 87–88)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the landlord acknowledges that the tenant intends to operate a Byrider business at the premises. The landlord also acknowledges that the tenant's rights to operate the Byrider business and use the Byrider name, trademarks, and service marks are solely based on the franchise agreement between the tenant and Byrider Franchising Partners, LLC, which is the franchisor. This acknowledgment is part of a rider incorporated into the lease agreement.
Furthermore, the landlord recognizes that the tenant's operations at the premises are independently owned and operated. The tenant is solely responsible for all obligations under the lease, unless the franchisor or another franchisee expressly assumes these obligations in writing and takes actual possession of the premises. This clarifies that Byrider Franchising Partners, LLC is not automatically liable for the lease obligations of its franchisees.
This arrangement protects Byrider from being directly liable for the lease unless they take specific action to assume the lease. For a prospective franchisee, this means the landlord understands the franchisee is an independent business owner, and the franchisee is responsible for the lease unless Byrider or another franchisee takes over the location. This arrangement provides clarity and defines the responsibilities of each party involved: the landlord, the tenant (franchisee), and Byrider.