What is the relationship between the Byrider Franchise Agreement and the Software Services and User Agreement?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
, including the owner guaranty.
The provisions of Section 19.1 (Arbitration), Section 20.5 (Governing Law), Section 20.6 (Choice of Forum) and Section 20.12 (Attorneys' Fees) of the Agreement are incorporated into this agreement by reference and shall govern this guaranty and any dispute between the undersigned and Company.
IN WITNESS WHEREOF, the undersigned has hereunto executed this Guaranty on the same day and year as the Agreement was executed.
| GUARANTOR | |---------------------------| | | | | | «Signatory», Individually |
EXHIBIT D TO FRANCHISE AGREEMENT
BYRIDER SOFTWARE SERVICES AND USER AGREEMENT
This Software Services and User Agreement ("Agreement") is entered into as of the «Day» day of «Month», «Year», by and between BYRIDER FRANCHISING PARTNERS, LLC, having its principal place of business at 12802 Hamilton Crossing Blvd., Carmel, Indiana 46032 (hereinafter "Licensor" or "Company") and Franchisee, as identified in the Franchise Agreement between Byrider Franchising Partners, LLC, and Franchisee dated «Month» «Day», «Year» (together with its agents and successors, collectively, hereinafter "Licensee"), and is made part of the Franchise Agreement. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them in the Franchise Agreement.
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- Licensed System. Licensor has developed certain computer software programs relating to "buy-here-pay-here" automobile sales and collection management systems, including programs which allow generation of specific retail installment sales and security contracts from input data and monitoring of receivables and collection productivity by Licensee, for use in the automobile sales business (hereinafter referred to as "Licensed Software"). The Licensed Software includes components owned and licensed directly by Licensor ("Licensor Software") and components provided from third parties and sublicensed by Licensor ("Third Party Software"). Licensor has also developed documentation associated with these programs (including end-user manuals) to assist in utilization and understanding of that software (hereinafter referred to as "Licensed Documentation").
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the Software Services and User Agreement is made part of the Franchise Agreement. Franchisees are required to execute the Byrider Software Services and User Agreement concurrently with the execution of the Franchise Agreement, and this agreement is attached as Exhibit D to the Franchise Agreement.
The Byrider Software Services and User Agreement grants the franchisee access to Byrider's Licensed System, which includes software for managing "buy-here-pay-here" automobile sales and collections. This system allows franchisees to generate retail installment sales contracts and monitor receivables. Byrider provides franchisees with access to the Licensed Software for data processing and other services related to their business. Byrider can suspend or limit a franchisee's access to these services if any amounts due are more than 30 days past due or as otherwise provided in the Franchise Agreement.
Upon termination or expiration of the Franchise Agreement, the Software Agreement will also concurrently expire or terminate. After termination or expiration, Byrider is not obligated to provide the franchisee with access to the Byrider Computer Software, but Byrider will provide the franchisee with information needed to collect receivables and wind down the business.