Which sections of the Byrider Franchise Agreement are also applicable to the License Agreement?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
Resolution of Disputes.
The parties agree that all controversies, disputes or claims arising out of or related to this Agreement, the relationship between Licensor and Licensee and the validity of this Agreement must be submitted for binding arbitration in accordance with Section 19.1 of the Franchise Agreement, the provisions of which are incorporated and adopted herein, in their entirety, as though copied in extenso.
Adoption and Incorporation of Certain Provisions of the Franchise Agreement.
The parties hereby agree that the following provisions which are set forth in the Franchise Agreement shall have equal applicability to and under this Agreement, to-wit: Section 20.5 (Governing Law), Section 20.6 (Choice of Forum), Section 20.7 (Jury Trial Waiver), Section 20.8 (Punitive Damage Waiver), Section 20.9 (Limitation of Actions), Section 20.12 (Attorneys' Fees), and Section 20.18 (Compliance with Anti-Terrorism Laws).
Each of the foregoing provisions are copied herein and adopted by the parties to this Agreement in their entirety.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, several sections of the Franchise Agreement also apply to the Software Services and User Agreement (License Agreement). Specifically, Section 36 of the Software Services and User Agreement states that any disputes arising from the agreement will be submitted for binding arbitration in accordance with Section 19.1 of the Franchise Agreement.
Furthermore, Section 37 of the Software Services and User Agreement explicitly incorporates and adopts several provisions from the Franchise Agreement. These include Section 20.5 regarding Governing Law, Section 20.6 regarding Choice of Forum, Section 20.7 concerning Jury Trial Waiver, Section 20.8 addressing Punitive Damage Waiver, Section 20.9 on Limitation of Actions, Section 20.12 pertaining to Attorneys' Fees, and Section 20.18 covering Compliance with Anti-Terrorism Laws.
This incorporation means that these specific sections of the Franchise Agreement are directly applicable to the License Agreement, as if they were fully reproduced within the License Agreement itself. Therefore, Byrider franchisees should be aware that these sections will govern their rights and obligations under both agreements.