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What are the specific obligations of a Byrider franchisee regarding the use of approved suppliers (as implied by obligations in Item 9) and how does this relate to the restrictions on sources of products and services (Item 8)?

Byrider Franchise · 2025 FDD

Answer from 2025 FDD Document

C.* Approved Suppliers. Byrider Franchising Partners may suggest sources that will supply promotional materials, agreements, signs, stationery, and other items necessary for you to operate the Business. The suggested supply source for any item may be either Byrider Franchising Partners or a third party. For your benefit, Byrider Franchising Partners negotiates purchase terms, including favorable price terms, with the approved suppliers. You must purchase certain supplies from sources approved by Byrider Franchising Partners.

If you want to purchase products or services from sources not recommended or approved by Byrider Franchising Partners, you must submit samples and specifications to Byrider Franchising Partners for testing to determine whether the products or services comply with Byrider Franchising Partners' standards and specifications, which Byrider Franchising Partners may periodically modify. You must obtain Byrider Franchising Partners' prior written approval before you use or sell any unapproved products or services. There are no fees or any additional procedures to secure approval to purchase from alternative suppliers. Byrider Franchising Partners may, in its discretion, share such standards and specifications with you and/or approved suppliers, but it is not obligated to do so. Byrider Franchising Partners maintains a list of criteria for reviewing and approving products, services, and suppliers; however, Byrider Franchising Partners does not issue this criteria to you and such criteria for approving suppliers is not available to franchisees. Byrider Franchising Partners will not unreasonably withhold approval and will notify you within 30 days of your request that it has approved or rejected your proposed vendor or supplier. If Byrider Franchising Partners rejects the proposed vendor or supplier, it will give you the reasons for rejection. If Byrider Franchising Partners approves an alternative supplier or product or service, Byrider Franchising Partners may revoke such approval upon 90 days' written notice.

Except for the technology system, there are currently no goods, services, supplies, fixtures, equipment, inventory or real estate for establishing your Business that you must purchase or lease from Byrider Franchising Partners. However, to maintain the quality of goods and services provided by Byrider Businesses and the reputation of the System, Byrider Franchising Partners periodically may require you to purchase or lease other services, equipment, products, materials and supplies that meet specifications and, for some items, Byrider Franchising Partners may require you to purchase or lease from suppliers that Byrider Franchising Partners approves or designates. Except for Grade A Auto Parts (our Chairman, Sean M. Garber, owns an interest), there currently are no suppliers of products, services, equipment, supplies or materials that you must or may purchase in operating the Business in which any officer identified in Item 2 owns an interest.

At Byrider Franchising Partners' discretion, you may participate in Byrider Franchising Partners' Collateral Protection Insurance ("CPI") program that is operated by Byrider Franchising Partners' approved third-party reinsurance entity.

Your purchases from designated or approved suppliers (including us and our affiliates) or in accordance with our standards and specifications are estimated to be 95% to 100% of your total purchases in establishing the Business, and approximately 95% to 100% of your on-going purchases in operating the Business.

You should be aware that there may be price increases in any of the items you must purchase from suppliers and other third parties. Byrider Franchising Partners does not know of any pending price increases, but Byrider Franchising Partners cannot guarantee that increases will not occur.

As of the date of this Disclosure Document, there are no purchasing or distribution cooperatives for any of the items described above.

D. Purchase Agreements, Material Benefits and Revenue.

Byrider Franchising Partners and its affiliates may negotiate purchase arrangements including prices and terms, with designated approved suppliers for Byrider Businesses. Byrider Franchising Partners and its affiliates may receive rebates or other payments from distributors, suppliers and other service providers based (directly or indirectly) on sales to franchisees. Byrider Franchising Partners was formed, and began franchising, in 2024, and thus, neither Byrider Franchising Partners nor any of its affiliates derived revenue or other material consideration from required purchases or leases of products or services from designated or approved suppliers by franchisees in 2023, and neither Byrider Franchising Partners nor its affiliates derived revenue from franchisee purchases or leases in 2023. We provide no material benefits to franchisees based on their use of approved suppliers.

E. Insurance required. To standardize insurance and to afford you, Byrider Franchising Partners and your customers protection against insurable risks, Byrider Franchising Partners requires minimum standards and limits for certain types of insurance coverage required to be purchased by you.

You must purchase at your expense and maintain in effect at all times the greater of the insurance coverage by the landlord for the franchised location or the following categories of insurance coverage through licensed and admitted insurance companies acceptable to Byrider Franchising Partners:

  • (i) Garage Liability Insurance: $1,000,000 limit per occurrence with products and completed operations coverage included. Coverage must also include $1,000,000 for Hired Autos and Non-Owned Autos liability. Coverage must also include a Broadened Garage endorsement for Personal and Advertising liability. You must insure Byrider Franchising Partners against all claims, suits, obligations, liabilities and damages, including attorneys' fees, based upon or arising out of the actual or alleged personal injuries or property damage resulting from or occurring in the course of, or on or about or otherwise relating to your Business or the Business Location. Byrider Franchising Partners may modify the required amounts from time to time to reflect inflation or further experience with claims.
  • (ii) State Required Worker's Compensation and Employer's Liability Insurance: for all employees of your Business.
  • (iii) Unemployment Insurance: for all employees of your Business.
  • (iv) Truth-in-Lending Act Insurance: not less than $300,000.
  • (v) All Risks Coverage Insurance: on the Business Location and all fixtures, equipment, supplies and other property used in the operation of your Business, for full repair and replacement value of the machinery, equipment, improvements and betterments, without any applicable co-insurance clause except that an appropriate deductible of no more than $50,000 shall be permitted.
  • (vi) Cyber Liability Insurance: not less than $1,000,000 per occurrence.

What This Means (2025 FDD)

According to Byrider's 2025 Franchise Disclosure Document, franchisees are obligated to purchase certain supplies from sources approved by Byrider. Byrider may suggest sources for promotional materials, agreements, signs, stationery, and other items necessary to operate the business, which may include Byrider itself or a third party. Byrider negotiates purchase terms, including favorable pricing, with these approved suppliers for the franchisee's benefit.

Item 8 outlines restrictions on sources of products and services. While franchisees are generally free to purchase goods and services from any source, Byrider may periodically require franchisees to purchase or lease specific services, equipment, products, materials, and supplies that meet certain specifications from approved or designated suppliers to maintain the quality and reputation of the Byrider system. Purchases from these designated or approved suppliers are estimated to account for 95% to 100% of the franchisee's total purchases, both when establishing the business and during ongoing operations.

If a franchisee wishes to use a supplier not recommended or approved by Byrider, they must submit samples and specifications to Byrider for testing to ensure compliance with Byrider's standards. Byrider will notify the franchisee of its decision within 30 days, providing reasons for rejection if applicable. Approval can be revoked with 90 days' written notice. Byrider may receive rebates or other payments from distributors, suppliers, and service providers based on sales to franchisees, but the FDD states that Byrider provides no material benefits to franchisees based on their use of approved suppliers.

Franchisees are also required to license Byrider's Proprietary Computer Software and enter into a Software Services and User Agreement with Byrider for ongoing service and support. While franchisees may purchase a starter kit from Byrider's approved suppliers for approximately $2,500, they are not required to purchase other computer equipment or software from Byrider, except for Google Workspace licenses and AnyConnect for VPN/NPA services. Franchisees must also adhere to Byrider's specifications for building exteriors and interiors, signs, awnings, and decorating accessories, and may be required to submit these items for approval, with Byrider entitled to the actual costs incurred for analysis and testing.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.