After termination or expiration of the Byrider Franchise Agreement, what information will Byrider provide to the franchisee to facilitate the transfer or wind down of the business?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.2 Termination of Access to BYRIDER Computer Software. Upon termination or expiration of this Agreement, the Software Agreement shall also concurrently expire or terminate. Upon such termination or expiration, the Company shall not be obligated to provide the Franchisee with access to the BYRIDER Computer Software or provide any services with respect thereto, except that the Company shall promptly make available to Franchisee (in a commercially reasonable media and form or format, as Company shall determine) any and all information needed to permit Franchisee (or its assignee) to collect its receivables and otherwise engage in an orderly transfer, transition or wind down of Franchisee's Business.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, Byrider is not obligated to provide the franchisee with access to the BYRIDER Computer Software or any related services. However, Byrider will promptly provide the franchisee with all information needed to collect receivables and facilitate an orderly transfer, transition, or wind down of the business. This information will be provided in a commercially reasonable media, form, or format as determined by Byrider.
This means that while franchisees will lose access to Byrider's proprietary software, they will receive the necessary data to manage outstanding accounts and ensure a smooth closure or transfer of the business. This is a crucial provision for franchisees as it allows them to recoup owed money and manage the business's final stages effectively. The specific format and media for delivering this information are at Byrider's discretion, so franchisees should be prepared to work with whatever method Byrider chooses.
It is important to note that the franchisee is still responsible for complying with all obligations upon termination, such as paying amounts owed to Byrider, returning confidential materials, ceasing use of Byrider's marks, and making necessary alterations to the business location to differentiate it from a Byrider business. Additionally, the franchisee must adhere to the covenants not to compete as outlined in the Franchise Agreement, which may restrict their activities for a certain period after termination.