In the Byrider Rider, what sections of the Franchise Agreement are modified by adding language regarding assignment by the company?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS RIDER (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 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) an offer to sell is made in the State of New | ||
| York; or (b) an offer to buy is accepted in the State of New York; or (c) if Franchisee is domiciled | ||
| in the State of New York; or (d) Franchisee's Business is or will be operated in the State of New | ||
| York. | ||
| 2. | ||
| RELEASES. The following provision is added to the end of Section 5.2.F., Section | ||
| 6.1.E. and Section 14.3.C.(6) of the Franchise Agreement: | ||
| Notwithstanding the foregoing, all rights enjoyed by Franchisee and any causes of | ||
| action arising in its favor from the provisions of Article 33 of the General Business | ||
| Law of the State of New York and the regulations issued thereunder shall remain |
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the Rider modifies specific sections of the Franchise Agreement related to assignment, particularly concerning the state of New York. The Rider includes provisions that ensure the franchisee retains all rights and causes of action arising from Article 33 of the General Business Law of New York and its regulations. This indicates that while the Franchise Agreement may have standard assignment clauses, the Rider specifically protects the franchisee's rights under New York law.
Specifically, the Rider states that the provisions are added to the end of Section 5.2.F., Section 6.1.E. and Section 14.3.C.(6) of the Franchise Agreement. This modification is triggered if the franchise offer is made or accepted in New York, if the franchisee is domiciled in New York, or if the franchisee's business is or will be operated in New York. This ensures that Byrider franchisees in New York are afforded the protections of New York franchise law, regardless of what the standard agreement might say.
This type of modification is important for prospective franchisees as it highlights how Byrider addresses state-specific franchise laws. Franchise laws can vary significantly from state to state, and a rider like this demonstrates that Byrider is taking steps to comply with those specific requirements. Franchisees should pay close attention to these types of state-specific modifications to understand their rights and obligations in their particular location.