factual

What is the relationship between the Byrider Franchise Agreement Addendum and the Renewal Franchise Agreement?

Byrider Franchise · 2025 FDD

Answer from 2025 FDD Document

and consent to the lease are limited to those provisions and items that the Company believes are necessary and appropriate solely for its own purposes and its own benefit as the licensor of the Marks and the System. The Franchisee has been

hereby deleted and replaced in its entirety with the following:

advised to obtain the advice of its own professional advisors before the Franchisee signs or makes any adjustments to the lease to accommodate its operation of the Franchisee's Business. In the event Franchisee or its affiliate owns the approved Business Location, Franchisee agrees that upon termination of this Agreement by Company due to Franchisee's breach or termination by Franchisee without cause prior to the scheduled expiration according to 5.1 herein, Franchisee or its affiliate will, at Company's election, lease the Business Location to Company or its affiliate at market rent for a term of two (2) years.

    1. Opening. Section 7.4 of the Renewal Franchise Agreement is hereby deleted.
    1. Initial Franchise Fee. Section 9.1 of the Renewal Franchise Agreement is hereby deleted.
    1. Right to Terminate Prior to Opening. Section 16.1 of the Renewal Franchise Agreement is hereby deleted.
    1. Termination of Existing Franchise Agreement. Upon execution of this Addendum and the Renewal Franchise Agreement, the Existing Franchise Agreement shall terminate and be of no further force or effect.
    1. Release. Franchisee, on behalf of itself and its respective current and former parents, affiliates, and subsidiaries, and their respective agents, spouses, heirs, principals, attorneys, owners, officers, directors, representatives, predecessors, successors, and assigns (the "Releasing Parties"), do hereby absolutely and irrevocably release and discharge the Company and its parents, subsidiaries, and affiliates, and their respective current and former owners, officers, directors, employees, managers, agents, representatives, predecessors, successors, and assigns (the "Company Parties"), of and from any and all claims, obligations, debts, proceedings, demands, causes of actions, rights to terminate and rescind, liabilities, losses, damages, and rights of every kind and nature whatsoever (collectively, "Claims"), whether known or unknown, suspected or unsuspected, at law or in equity, which any of them has, had or may have, from the beginning of time to the date hereof, including, without limitation, those arising out of or rela

Source: Item 23 — Receipts (FDD pages 88–335)

What This Means (2025 FDD)

According to the 2025 Byrider Franchise Disclosure Document, the Byrider Franchise Agreement Addendum modifies the Renewal Franchise Agreement. Specifically, the addendum alters or removes certain sections of the Renewal Franchise Agreement, including those related to opening procedures, the initial franchise fee, and the right to terminate before opening. Upon the execution of both the Addendum and the Renewal Franchise Agreement, the existing franchise agreement is terminated and rendered void.

The Addendum also includes a release provision, where the franchisee relinquishes all claims against Byrider and its affiliates, with a covenant not to sue. This release covers any issues arising from the existing franchise agreement or any other agreements between the franchisee and Byrider. However, this release does not extend to liabilities under the Maryland Franchise Registration and Disclosure Law.

Furthermore, the Addendum stipulates that all other terms of the Renewal Franchise Agreement remain in full effect, except for the specific sections that are deleted or modified by the Addendum. This ensures that the core operational and legal framework of the franchise relationship continues under the renewed agreement, with the Addendum serving to adjust specific aspects of the renewal terms. Franchisees should carefully review both documents to understand their rights and obligations upon renewal.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.