Does Byrider provide a Non-Competition Agreement as part of the exhibits?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
Page Rev.08/20/2021
Appendix A – Exhibits Confidentiality and Non-Disclosure Agreement A.1a Laws applicable to the retail sales and financing of vehicles A.2a Addendum to the Byrider Confidential Operating Manual (Ohio operators only) A.3a Addendum to Byrider Confidential Operating Manual (Kentucky operators only) A.4a Dealership Daily Duty Roster A.5a Related Finance Company (CNAC) Worksheet A.6a Board of Director's Consent Resolution and Exhibit A A.7a Agreement to Purchase Automobile Contracts A.8a Financing Services Agreement A.9a Requirements from the ECOA A.10a Byrider Franchising Forms Program A.11a Limited Warranty Coverage (Repairs Covered) A.12a Maximum Finance Charge Rate worksheet A.13a Servicemembers Civil Relief Act (SCRA) A.14a Byrider Deal Jacket Checklist A.15a CNAC Deal Jacket Checklist A.16a Collection abbreviations A.17a Field Call Log A.18a Skip Sheet A.19a Legal terms associated with bankruptcy A.20a Reaffirmation Agreement (October, 2005 Bankruptcy Law) A.21a Proof of Claim A.22a CNAC Repossession Checklist A.23a CNAC Inventory of Personal Items A.24a Katz, Sapper & Miller letter: Reporting Discharge of Indebtedness Under I.R.C. 6050P A.25a Customer 1099-C cover letter A.26a Collection Call Monitoring form A.27a Predictive Index (PI) Survey A.28a What can and can't I ask in an interview A.29a Non-Competition Agreement A.30a Intentionally left blank A.31a Byrider/CNAC Anti-Money Laundering Plan A.32a Byrider/CNAC Whistleblower Policy A.33a Byrider/CNAC Fair Credit Policy & Acknowledgement A.34a Byrider/CNAC Red Flag and Identity Theft Program A.35a Gramm Leach Bliley Act Chief Privacy Officer Guide A.36a Buyer's Auction Log A.37a Inventory Log Book A.38a Byrider Vehicle Categories A.39a Comprehensive Inspection Requirements A.40a Vehicle Lot Ready Report A.41a This Vehicle Not for Sale sign A.42a Notice of Incompleteness letter A.43a Daily Driving Log A.44a Shop Maintenance Schedule A.45a Medical Supply Order Form A.46a Service Safety Meeting A.47a New Vehicle Check In Sheet A.48a
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
Yes, according to the 2025 FDD, Byrider includes a Non-Competition Agreement as part of its exhibits. Specifically, Exhibit A.30a is titled "Non-Competition Agreement". This agreement likely outlines the restrictions placed on franchisees regarding engaging in similar businesses during and after the franchise term.
Non-competition agreements are standard in franchising to protect the brand and prevent franchisees from using the franchisor's proprietary information and systems to compete against them, either during the franchise term or after it ends. These agreements typically specify a geographic area and a time period during which the franchisee cannot operate a similar business.
Prospective Byrider franchisees should carefully review the Non-Competition Agreement to understand the specific restrictions it imposes. This includes the duration of the non-compete period, the geographic scope of the restriction, and the definition of what constitutes a competing business. Understanding these terms is crucial for assessing the potential impact on future business opportunities after the franchise agreement expires or is terminated.
It is also important to note that the enforceability of non-competition agreements can vary by state. As the FDD excerpt regarding North Dakota indicates, some states may have laws that limit or prohibit the enforcement of such covenants. Franchisees should consult with legal counsel to understand the enforceability of the Non-Competition Agreement in their specific state.