factual

When terminating the Byrider franchise agreement, what must the franchisee provide to the company regarding claims and demands?

Byrider Franchise · 2025 FDD

Answer from 2025 FDD Document

  • F. The Franchisee executes and delivers to the Company a written general release (except as may be limited by law) of all claims and demands against the Company, its officers, directors, representatives and affiliates provided, however, that all rights enjoyed by the Franchisee mandated by applicable state law shall remain in force and the Company's indemnification obligations under Section 11.3.B shall remain in force for a period of two (2) years after the expiration of this Agreement; and
  • G. The Franchisee has settled or resolved or is vigorously defending all pending claims and demands against it by any governmental agency or authority.

Source: Item 23 — Receipts (FDD pages 88–335)

What This Means (2025 FDD)

According to the 2025 Byrider Franchise Disclosure Document, when a franchisee seeks a successor franchise, they must execute and deliver to Byrider a written general release of all claims and demands against Byrider, its officers, directors, representatives, and affiliates. This release is subject to legal limitations, ensuring that the franchisee retains rights mandated by applicable state law. Additionally, Byrider's indemnification obligations remain in effect for two years after the agreement's expiration.

This requirement means that as a condition of renewing their franchise agreement, a franchisee must waive their right to pursue any existing or future legal claims against Byrider, with some exceptions based on state law. This could include claims related to contract disputes, operational issues, or any other grievances the franchisee might have. The franchisee must also confirm that all pending claims and demands against them by any governmental agency or authority are either settled, resolved, or being vigorously defended.

This provision is designed to protect Byrider from potential legal liabilities and ensure a clean slate moving forward with the renewed franchise relationship. However, it places a significant burden on the franchisee, who must carefully assess any potential claims they might have before signing the release. Franchisees should seek legal counsel to fully understand the implications of this release and ensure their rights are protected. The FDD specifies that rights enjoyed by the franchisee mandated by applicable state law shall remain in force.

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.