What is the time limit for commencing a judicial or arbitration proceeding for claims related to the Byrider franchise agreement?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
20.9 Limitation of Actions. Except for claims arising from the Franchisee's non-payment or underpayment of amounts owed to the Company or its affiliates, any and all claims arising out of or relating to this Agreement or the relationship between the Franchisee and the Company will be barred unless a judicial or arbitration proceeding is commenced within one (1) year from the date on which the party asserting the claim knew or should have known of the facts giving rise to the claims.
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- LIMITATION OF CLAIMS. In North Dakota, the statute of limitations under North Dakota law applies.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, franchisees have a limited time to bring claims against Byrider. Except for claims related to non-payment or underpayment of amounts owed to Byrider, any claims arising out of or relating to the Franchise Agreement or the relationship between the franchisee and Byrider must be brought within one year. This one-year period starts from the date the party asserting the claim knew or should have known about the facts that led to the claim. This limitation applies whether the claim is pursued through a judicial or arbitration proceeding.
This limitation of actions clause means that Byrider franchisees need to be vigilant in identifying potential issues or disputes and act quickly to preserve their legal rights. Franchisees should consult with an attorney as soon as they suspect a problem to ensure they do not miss the deadline for filing a claim. The relatively short one-year window could be significantly shorter than the statutory limitations period that would otherwise apply under state law, so understanding this provision is crucial.
It's important to note that this limitation does not apply to Byrider's claims against a franchisee for non-payment or underpayment of amounts owed. This means Byrider has a longer period to pursue such claims. Furthermore, the FDD includes specific modifications for franchisees in North Dakota, where the statute of limitations under North Dakota law will apply instead of the one-year limitation.