What is the role of the 'Effective Date' in determining the terms of the Byrider Franchise Agreement?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
lease provided for hereunder shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
- Other Terms. All other terms of the Renewal Franchise Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed and delivered this Addendum on the dates noted below, to be effective as of the Effective Date of this Addendum.
BYRIDER FRANCHISING PARTNERS, LLC [FRANCHISEE] By_________________________________ By_________________________________ Michael J. Onda, CEO [Name], [Title] Date: Date: [CO-FRANCHISEE] By_________________________________ [Name], [Title] Date: _______________________________
EXHIBIT K
TO
FRANCHISE DISCLOSURE DOCUMENT
VETERAN DISCOUNT ADDENDUM
TO FRANCHISE AGREEMENT
| This VETERAN DISCOUNT ADDENDUM (this "Addendum") dated as of | ||
|---|---|---|
| (the "Effective Date") amends and supplements certain terms and conditions of | ||
| the Franchise Agreement dated | (the "Franchise Agreement") entered into | |
| between BYRIDER FRANCHISING PARTNERS, LLC (the "Company") and | (the "Franchisee"). In the event of any conflict between the terms of the | |
| Agreement and the terms of this Addendum, the terms of this Addendum shall control. | All | |
| capitalized terms not otherwise defined in this Addendum shall have their respective meanings set | ||
| forth in the Agreement. | ||
| WHEREAS, Franchisee (or if a legal entity, Franchisee's owner(s)) [is/are] a veteran of | ||
| the United States Armed Forces; and | WHEREAS, the Company has agreed to charge Franchisee a reduced initial franchise fee | |
| on the terms and conditions set forth herein. | ||
| NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of | ||
| which is hereby acknowledged, the Company and Franchisee hereby agree as follows: | ||
| 1. | Initial Franchise Fee. The Company and Franchisee agree and acknowledge that | |
| the Initial Franchise Fee provided in Section 3.8 of the Franchise Agreement shall be $50,000. | ||
| 2. | Other Terms. All other terms of the Franchise Agreement shall remain in full force | |
| and effect. | ||
| IN WITNESS WHEREOF, the parties have executed and delivered this Addendum on | ||
| the dates noted below, to be effective as of the Effective Date of this Addendum. | ||
| BYRIDER FRANCHISING PARTNERS, LLC | [FRANCHISEE] | |
| By | By | |
| Michael J. Onda, CEO | [Name], [Title] | |
| Date: | Date: | |
EXHIBIT L
TO
FRANCHISE DISCLOSURE DOCUMENT
ADDITIONAL DISCLOSURE FOR THE FRANCHISE DISCLOSURE DOCUMENT OF BYRIDER FRANCHISING PARTNERS, LLC
The following are additional disclosures for the Franchise Disclosure Document of Byrider Franchising Partners, LLC required by various state franchise laws. Each provision of these additional disclosures will only apply to you if the applicable state franchise registration and disclosure law applies to you.
FOR THE FOLLOWING STATES: CALIFORNIA, HAWAII, ILLINOIS, INDIANA, MARYLAND, MICHIGAN, MINNESOTA, NEW YORK, NORTH DAKOTA, RHODE ISLAND, SOUTH DAKOTA, VIRGINIA, WASHINGTON, OR WISCONSIN.
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
CALIFORNIA
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- THE CALIFORNIA FRANCHISE INVESTMENT LAW REQUIRES THAT A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE FRANCHISE BE DELIVERED TOGETHER WITH THE FRANCHISE DISCLOSURE DOCUMENT.
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- SECTION 31125 OF THE FRANCHISE INVESTMENT LAW REQUIRES BYRIDER FRANCHISING PARTNERS TO GIVE YOU A FRANCHISE DISCLOSURE DOCUMENT APPROVED BY THE COMMISSIONER OF FINANCIAL PROTECTION AND INNOVATION BEFORE BYRIDER FRANCHISING PARTNERS ASKS YOU TO CONSIDER A MATERIAL MODIFICATION OF YOUR FRANCHISE AGREEMENT.
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Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider FDD, the Effective Date plays a crucial role in determining when the terms and conditions of various agreements, including the Franchise Agreement and related addenda, become active and binding. The Effective Date is the specific date upon which the parties agree that the agreement will come into force.
For instance, the Veteran Discount Addendum to the Franchise Agreement specifies that the addendum is effective as of the Effective Date, and the parties execute the addendum to be effective from that date. Similarly, the Area Development Agreement specifies that it is made and entered into as of the Effective Date. This date marks the commencement of the rights and obligations outlined in the respective agreements. The Effective Date is also relevant to a Rider to the Area Development Agreement, where the parties agree to execute and deliver the Rider to be effective as of the Development Agreement's Effective Date.
In essence, the Effective Date serves as the starting point for the legal relationship between Byrider and the franchisee, dictating when the agreed-upon terms and conditions begin to govern their interactions. It is a key reference point for determining the duration and applicability of the various clauses within the agreements. Byrider franchisees should pay close attention to the Effective Date of each agreement and any related documents, as it establishes the timeline for their rights and responsibilities.