Where must any legal action against Byrider be initiated, if it is not subject to arbitration?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding the foregoing or anything to the contrary in this Section or Section 20.1, if any court or arbitrator determines that all or any part of the preceding sentence is unenforceable with respect to a dispute that otherwise would be subject to arbitration under this Section 19.1, then all parties agree that this arbitration clause shall not apply to that dispute and that such dispute shall be resolved in a judicial proceeding in accordance with Section 20.6.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, if a dispute is not subject to arbitration, it must be resolved in a judicial proceeding in accordance with Section 20.6 of Article XX, titled "Miscellaneous".
This means that any legal action against Byrider that is not resolved through arbitration must be pursued in a court of law, and the specific court will be determined by Section 20.6 of the franchise agreement. Franchisees should carefully review Section 20.6 to understand the specific jurisdiction and venue for such legal proceedings.
It is important to note that this applies only if a court or arbitrator determines that the arbitration clause is unenforceable with respect to a particular dispute. Otherwise, the standard arbitration process would apply. This clause ensures that there is a clear path for resolving disputes even if the arbitration agreement is found to be invalid in some way.