What sections of the Byrider Franchise Agreement are modified by the releases provision in the Rider?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
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, a rider modifies specific sections of the franchise agreement related to releases, particularly for franchisees in New York. The rider adds a provision to the end of Section 5.2.F, Section 6.1.E, and Section 14.3.C.(6) of the Franchise Agreement. This addition ensures that franchisees retain all rights and causes of action arising from Article 33 of the General Business Law of the State of New York and its associated regulations, despite any other provisions in those sections.
In practical terms, this means that even if the standard Franchise Agreement contains language that could be interpreted as a release of certain legal rights, New York franchisees maintain their rights under New York's General Business Law. This is particularly relevant because franchise agreements often include clauses that could potentially limit a franchisee's ability to sue or make claims against the franchisor. The rider specifically carves out an exception to protect the franchisee's rights under New York law.
This modification is significant for prospective Byrider franchisees in New York as it provides an additional layer of legal protection. It ensures that they cannot inadvertently waive their rights under New York franchise law through standard agreement clauses. Franchisees should consult with legal counsel to fully understand the implications of Article 33 of the General Business Law of the State of New York and how it applies to their specific situation. This rider reflects Byrider's compliance with state-specific franchise regulations, enhancing transparency and franchisee protection in New York.