How many business days does a Byrider franchisee have to cure non-compliance with the agreement?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
her location approved by the Company in writing, for a period ending not sooner than the expiration of the term of the Successor Franchise Agreement;
- B. The Franchisee has complied with all the material terms and conditions of this Agreement and has complied with the Company's material operating and quality standards and procedures. In the event the Franchisee is not in compliance, the Company agrees to provide written notice to the Franchisee and the Franchisee will be able to cure within 5 business days of receipt of notice of its non-compliance. In the event Franchisee cures its non-compliance within such period, Franchisee will be deemed to have met its obligation under 5.2B;
- C. All monetary obligations owed by the Franchisee to the Company have been satisfied prior to such Successor Franchise Agreement and have been met, when due, throughout the Term or Franchisee has cured any noncompliance within 5 business days of delivery of written notice. In the event the Franchisee is not in compliance, the Company agrees to provide written notice to the Franchisee and the Franchisee will be able to cure within 5 business days of receipt of notice of its non-compliance. In the event of Franchisee cures its non-compliance within such period, Franchisee will be deemed to have met its obligation under 5.2C;
- D. The Franchisee has made, at its expense, such expenditures necessary to upgrade, remodel and redecorate the Business Location and the fixtures, equipment and supplies used in the Franchisee's Business to conform to the requirements of the System and the image of the Business at the commencement of the Successor Franchise Agreement (the "Necessary Modifications");
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the number of business days a franchisee has to cure non-compliance varies depending on the specific breach.
For the Successor Franchise Agreement, if a Byrider franchisee is not in compliance with the material terms, conditions, operating, and quality standards, Byrider will provide written notice, and the franchisee has 5 business days to cure the non-compliance. Similarly, if a franchisee has outstanding monetary obligations to Byrider, they have 5 business days from written notice to resolve the issue.
However, for other breaches of the franchise agreement, Byrider provides a 30-day cure period after written notice. These breaches include abandoning the business, failing to maintain required insurance, interfering with inspections, unauthorized use of confidential information, violating laws related to terrorist activities, failing to comply with laws and regulations, failing to pay taxes, or failing to properly assign the agreement upon death or disability. Failure to pay amounts due to Byrider or its affiliates carries a 10-day cure period after written notice. Failing the first compliance audit can be cured within five business days upon written notice. Failing three consecutive compliance audits gives Byrider the right to terminate the agreement.