Does this Byrider Rider supersede any parts of the Franchise Agreement?
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 the 2025 Byrider Franchise Disclosure Document, the Rider in question does supersede parts of the Franchise Agreement. Specifically, the FDD states that the Rider takes precedence over any provisions within the Franchise Agreement that are inconsistent or conflicting with the Rider's terms. This means that if there's a disagreement between what's written in the original Franchise Agreement and what's in the Rider, the Rider's language will be the controlling factor. This is a standard legal practice to ensure that any specific modifications or updates to the original agreement are clearly prioritized.
This aspect is crucial for prospective Byrider franchisees to understand because it highlights the importance of carefully reviewing any Riders attached to the Franchise Agreement. Franchisees need to be aware of how these Riders modify their rights and obligations under the original agreement. For example, one Rider included in the FDD modifies sections of the Franchise Agreement related to releases, adding a provision concerning rights enjoyed by the franchisee under New York law. Another Rider modifies the agreement with respect to governing law for franchisees in Illinois.
It is important to note that the Rider is considered an integral part of the Franchise Agreement, meaning it's legally binding and must be considered alongside the original agreement. The Rider includes specific clauses related to state laws, such as those in New York, Maryland, and Illinois, indicating that Byrider tailors certain aspects of its franchise agreements to comply with local regulations. Therefore, franchisees should pay close attention to any Riders that apply to their specific location or circumstances, as these Riders can significantly impact their franchise operations and legal rights.