In what situation would the terms of the Byrider Franchise Agreement take precedence over the provisions of the Confidential Operating Manual?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Except in such instances where the provisions of the Manual directly conflicts with the terms of this Agreement, the Franchisee shall conduct the operation of the Franchisee's Business in compliance with the Company's operational systems, standards, procedures, methods and requirements as prescribed from time to time in the Manual.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the terms of the Franchise Agreement take precedence over the Confidential Operating Manual when there is a direct conflict between the two. The Franchise Agreement and the Confidential Operating Manual outline the standards, procedures, methods, and requirements for operating a Byrider franchise.
Byrider may periodically modify the manual, which could include changes to hardware and software, potentially obligating the franchisee to invest additional capital or incur higher operating costs. Franchisees are expected to stay updated with these modifications by viewing the online manual monthly, as Byrider will send electronic notices of changes. The manual contains proprietary information and must be kept confidential during and after the franchise term.
This means that if a specific operational procedure or standard detailed in the manual contradicts a term explicitly stated in the Franchise Agreement, the franchisee must adhere to the Franchise Agreement's term. This ensures that the legally binding contract between Byrider and the franchisee is the ultimate authority in governing the franchise operation. This is a fairly standard clause in franchise agreements, as the franchise agreement is the governing document.