What is the maximum aggregate liability of the Byrider Licensor to the Licensee for any cause whatsoever?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
LICENSOR'S AGGREGATE LIABILITY TO LICENSEE FOR ANY CAUSE WHATSOEVER IS LIMITED TO AN AMOUNT EQUAL TO THE FEES COVERED BY APPENDIX B AND ACTUALLY PAID BY LICENSEE FOR USE OF THE LICENSED SYSTEM DURING THE THEN MOST RECENT 12 MONTH PERIOD OF TIME PRECEDING THE DATE OF THE EVENT (OR, IF MORE THAN ONE EVENT, THE FIRST EVENT) GIVING RISE TO THE LIABILITY.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the licensor's aggregate liability to the licensee for any cause is limited to the fees covered by Appendix B and actually paid by the licensee for using the licensed system. This covers the most recent 12-month period before the event that caused the liability. If there is more than one event, it is the date of the first event that caused the liability.
This limitation of liability has significant implications for a prospective Byrider franchisee. It means that regardless of the damages a franchisee might suffer due to Byrider's actions or omissions, Byrider's financial responsibility is capped. This could be a substantial risk if the franchisee experiences significant losses exceeding the amount they paid in fees during the previous year.
Franchisees should carefully review Appendix B to understand which fees are included in this calculation and consider the potential financial exposure they face under this limitation of liability. It is important to assess whether the potential benefits of the Byrider franchise opportunity outweigh the risks associated with this liability cap.