In New York, is Byrider Franchising Partners subject to a currently effective injunctive or restrictive order relating to franchise, securities, antitrust, or trade regulation law?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
- The following is added at the end of Item 3:
Except as provided above, with regard to Byrider Franchising Partners, its predecessor, a person identified in Item 2, or an affiliate offering franchises under Byrider Franchising Partners' principal trademark:
- D. No such party is subject to a currently effective injunctive or restrictive order or decree relating to the franchise, or under a Federal, State, or Canadian franchise, securities, antitrust, trade regulation or trade practice law, resulting from a concluded or pending action or proceeding brought by a public agency; or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities and Exchange Act of 1934, suspending or expelling such person from membership in such association or exchange; or is subject to a currently effective injunctive or restrictive order relating to any other business activity as a result of an action brought by a public agency or department, including, without limitation, actions affecting a license as a real estate broker or sales agent.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, Byrider Franchising Partners, its predecessor, any person identified in Item 2, or an affiliate offering franchises under Byrider Franchising Partners' principal trademark, is not subject to a currently effective injunctive or restrictive order or decree relating to the franchise, or under a Federal, State, or Canadian franchise, securities, antitrust, trade regulation or trade practice law, resulting from a concluded or pending action or proceeding brought by a public agency. This applies except as otherwise provided in the document.
This statement assures prospective Byrider franchisees in New York that, based on the information available in the FDD, Byrider Franchising Partners is not currently under any legal restrictions or injunctions related to franchise, securities, antitrust, or trade regulation laws. This means that Byrider is not operating under any court or regulatory orders that limit its business practices in these areas.
However, it is important to note the phrase "Except as provided above" which precedes the statement. This indicates that there may be exceptions or additional disclosures elsewhere in the FDD that could qualify this statement. A prospective franchisee should carefully review the entire FDD and any exhibits to identify any such exceptions and understand their implications. Additionally, the franchisee should conduct their own due diligence, including consulting with an attorney, to verify this information and assess any potential risks.