Does the Minnesota Rider alter the original Byrider Franchise Agreement?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
ons 19 and 20 of the Illinois Franchise Disclosure Act.
No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on behalf of the Company. This provision supersedes any other term of any document executed in connection with the franchise.
IN WITNESS WHEREOF, the parties have executed and delivered this Rider on the dates noted below, to be effective as of the Effective Date of the Franchise Agreement.
| "FRANCHISEE" | "COMPANY" | |
|---|---|---|
| «Name_of_Franchisee», «Entity_Type» | BYRIDER FRANCHISING PARTNERS, LLC | |
| «Signatory»«Signatory_Title» | By: Michael J. Onda, Chief Executive Officer |
RIDER TO THE FRANCHISE AGREEMENT FOR USE IN MARYLAND
| THIS RIDER is made and entered into by and between BYRIDER FRANCHISING |
|---|
| PARTNERS, LLC, a Delaware limited liability company whose address it 12802 Hamilton |
| Crossing Boulevard, Carmel, Indiana, 46032 (the "Company"), and |
| a(n) whose principal business address is |
| (the "Franchisee"). |
| 1. |
| BACKGROUND. The Company and the Franchisee are parties to that certain |
| Franchise Agreement dated, 20 (the "Franchise Agreement"). |
| This Rider is annexed to and forms an integral part of the Franchise Agreement. This Rider |
| supersedes any inconsistent or conflicting provisions of the Franchise Agreement. |
| Terms not |
| otherwise defined in this Rider have the meanings as defined in the Franchise Agreement. This |
| Rider is being signed because (a) the Franchisee is a resident of the State of Maryland; or (b) |
| Franchisee's Business is or will be operated in the State of Maryland; or (c) the offer to sell is |
| made in the State of Maryland; or (d) the offer to buy is accepted in the State of Maryland. |
| 2. |
| MARYLAND FRANCHISE REGISTRATION AND DISCLOSURE LAW. |
| The following is added as a new Section 2.12 of the Franchise Agreement: |
| 2.12 |
| MARYLAND FRANCHISE REGISTRATION AND DISCLOSURE |
| LAW. All representations requiring the Franchisee to assent to a release, estoppel |
| or waiver of liability are not intended to nor shall they act as a release, estoppel or |
| waiver of any liability incurred under the Maryland Franchise Registration and |
| Disclosure Law. |
- RELEASES. The following is added to the end of Sections 5.2(F), 6.1(E), and 14.3(C)(6) of the Franchise Agreement:
However, any release required as a condition of renewal, sale and/or assignment/transfer will not apply to any claims or liability arising under the Maryland Franchise Registration and Disclosure Law.
- INSOLVENCY. The following sentence is added to the end of Section 16.2(A)(4) of the Franchise Agreement:
This Section 16.2(A)(4) may not be enforceable under federal bankruptcy law (11 U.S.C. Sections 101 et seq.).
- ARBITRATION.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, the Minnesota Rider does modify the original Franchise Agreement. The Rider is designed to be annexed to and form an integral part of the Franchise Agreement. Critically, the Rider supersedes any inconsistent or conflicting provisions within the original Franchise Agreement. This means that if there are any clauses in the original agreement that clash with the Rider, the terms of the Rider will take precedence for franchisees operating in Minnesota or who are residents of Minnesota.
Several specific sections of the Franchise Agreement are directly altered by the Minnesota Rider. For example, the Rider modifies Section 20.5 regarding governing law, ensuring that the franchisee's rights under Minnesota Statutes Chapter 80C are protected. It also deletes sections 20.7 and 20.8, which pertain to jury trial and punitive damage waivers, indicating that these waivers are not enforceable in Minnesota. Additionally, Section 20.9, concerning the limitation of actions, is amended to reflect Minnesota law regarding the time frame for commencing actions under Minn. Stat. Sec. 80C.17.
Furthermore, the Minnesota Rider addresses consent to jurisdiction, stating that Byrider cannot require litigation to be conducted outside of Minnesota, except in certain specified cases, as per Minn. Stat. Sec. 80C.21 and Minn. Rule 2860.4400J. This ensures that Minnesota franchisees have the right to pursue legal remedies within their own state. The Rider also states that nothing in the agreement reduces any of the franchisee's rights under Minnesota Statutes Chapter 80C or the franchisee's right to any procedure, forum, or remedies that the laws of the jurisdiction provide.
In summary, the Minnesota Rider is a crucial component of the Byrider Franchise Agreement for franchisees in Minnesota. It modifies several key sections of the original agreement to align with Minnesota state laws, providing additional protections and rights to franchisees operating within the state. Prospective franchisees should carefully review the Rider to understand how it alters the terms of the Franchise Agreement and what specific rights and obligations it entails.