What is the Byrider licensee's sole remedy for failures of the Licensor under Section 16?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
- b.
Licensee's sole remedy for any failures of Licensor under Section 16 is, thirty (30) days after detailed written notice of the breach has been provided to Licensor and the breach remains uncured, to terminate this Agreement by written notice given within ten (10) days after the end of the cure period and have returned to it the fees actually paid by the Licensee to Licensor for the sixty (60) days preceding the date of termination.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, if Byrider fails to meet its obligations under Section 16 of the agreement, the licensee's sole recourse is to terminate the agreement. However, this is only possible if Byrider fails to correct the breach within 30 days after receiving detailed written notice.
To exercise this remedy, the licensee must provide written notice of termination within 10 days after the end of the 30-day cure period. If the licensee terminates the agreement under these conditions, they are entitled to a return of the fees actually paid to Byrider for the 60 days preceding the termination date.
This remedy is the licensee's only option for failures by Byrider under Section 16, meaning the licensee cannot pursue other legal avenues for compensation or damages beyond the return of fees paid in the specified period. Section 16 of the agreement concerns Byrider's responsibilities for Licensed System Maintenance and Support.