Does this Byrider rider supersede any other agreements?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
ears after the cause of action accrues.
- CONSENT TO JURISDICTION. Notwithstanding anything to the contrary contained in the Franchise Agreement, Minn. Stat. Sec. 80C.21 and Minn. Rule 2860.4400J prohibit the Company, except in certain specified cases, from requiring litigation to be conducted outside of Minnesota. Nothing in this Agreement shall abrogate or reduce any of the Franchisee's rights under Minnesota Statutes chapter 80C or the Franchisee's right to any procedure, forum or remedies that the laws of the jurisdiction provide.
IN WITNESS WHEREOF, the parties have executed and delivered this Rider on the dates noted below, to be effective as of the Effective Date of the Franchise Agreement.
| "FRANCHISEE" | "COMPANY" | |
|---|---|---|
| «Name_of_Franchisee», «Entity_Type» | BYRIDER FRANCHISING PARTNERS, LLC | |
| «Signatory»«Signatory_Title» | By: Michael J. Onda, Chief Executive Officer |
RIDER TO THE FRANCHISE AGREEMENT FOR USE IN NEW YORK
| 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 |
Law of the State of New York and the regulations issued thereunder shall remain in force to the extent required by the non-waiver provisions of GBL Sections 687.4 and 687.5, as amended.
- ASSIGNMENT BY THE COMPANY. The following language is added to the end of Section 14.1 ("Assignment by the Company") of the Franchise Agreement:
However, to the extent required by applicable law, no transfer will be made except to an assignee who, in the Company's good faith judgment, is willing and able to assume the Company's obligations under this Agreement.
- TERMINATION OF AGREEMENT BY FRANCHISEE. The following language is added to the end of Section 16.3.A. ("Franchisee's Rights to Terminate; Grounds") of the Franchise Agreement:
Franchisee may also terminate this Agreement on any grounds available by law under the provisions of Article 33 of the General Business Law of the State of New York.
- GOVERNING LAW; CHOICE OF FORUM. The following statement is added to the end of Sections 20.5 ("Governing Law") and Section 20.6 ("Choice of Forum") of the Franchise Agreement:
This section shall not be considered a waiver of any right conferred upon Franchisee by the provisions of Article 33 of the New York State General Business Law, as amended, and the regulations issued thereunder.
IN WITNESS WHEREOF, the parties have executed and delivered this Rider on the dates noted below, to be effective as of the Effective Date of the Franchise Agreement.
| "FRANCHISEE" | "COMPANY" | ||
|---|---|---|---|
| «Name_of_Franchisee», «Entity_Type» | BYRIDER FRANCHISING PARTNERS, LLC | ||
| «Signatory»«Signatory_Title» | By: Michael J. Onda, Chief Executive Officer |
RIDER TO THE FRANCHISE AGREEMENT FOR USE IN NORTH DAKOTA
| 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 the 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. |
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, the rider in question does supersede other agreements. Specifically, each rider annexed to either the Franchise Agreement or the Area Development Agreement forms an integral part of that agreement and supersedes any inconsistent or conflicting provisions within that agreement. This means that if there are any clauses in the original agreement that contradict the rider, the terms of the rider will take precedence.
For a prospective Byrider franchisee, this is important because it clarifies which terms and conditions will govern their franchise operation. It ensures that any changes or updates made through the rider are legally binding and override any previous conflicting terms. This could relate to various aspects of the franchise agreement, such as operational procedures, financial obligations, or territorial rights.
However, it is important to note that the rider only supersedes inconsistent or conflicting provisions. Any terms in the original agreement that do not conflict with the rider will remain in effect. Therefore, franchisees need to carefully review both the original agreement and the rider to fully understand their rights and obligations. Furthermore, the specific reasons for the rider being signed, such as operating in a particular state like New York, Illinois, Maryland, or Rhode Island, can trigger specific legal considerations that the franchisee should be aware of.
In the case of Minnesota, the rider to the Area Development Agreement ensures compliance with Minn. Stat. Sec. 80C.14, Subds. 3, 4 and 5, which relate to termination notice requirements. This highlights how riders can be used to address specific state laws and regulations, providing additional protection or clarification for the franchisee. Franchisees should pay close attention to any riders that apply to their specific circumstances or location to ensure they are fully informed of their rights and responsibilities.