Under what conditions is a Byrider franchisee required to modify or discontinue the use of any of the Marks?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
s and to obtain such fictitious or assumed name registrations as may be required under applicable law. The non-exclusive personal right of the Franchisee to use the Marks in connection with the Franchisee's Business and its right to use the Marks and the System apply only to the Business Location and only so long as the Franchisee shall fully perform and comply with all of the conditions, terms and covenants of this Agreement. If, in the judgment of the Company, the acts of the Franchisee infringe upon or demean the goodwill, standards of uniformity or quality, or business standing associated with the Marks and the System, then the Franchisee shall immediately, upon notice from the Company, modify its use of the Marks and the System in the manner prescribed by the Company. The Franchisee shall not, during or after the Term, do anything directly or indirectly which would infringe upon, harm, mislead or contest the rights of the Company in the Marks or the System.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, a franchisee may be required to modify or discontinue the use of Byrider's marks under two primary conditions. First, if Byrider determines that the franchisee's actions infringe upon or demean the goodwill, uniformity, quality standards, or business standing associated with the marks and the Byrider system, the franchisee must modify its use of the marks as directed by Byrider. This ensures that all franchisees maintain a consistent brand image and quality, protecting the overall reputation of the Byrider brand.
Second, if a third party claims superior rights to the use of any of the Byrider marks, Byrider has the discretion to determine if the claim is legally meritorious. If Byrider believes the claim has merit, or if it deems it advisable for the company or the franchisee, Byrider may require the franchisee to modify or discontinue the use of certain marks. The franchisee is responsible for the expenses associated with making these changes to the marks and all materials displaying the marks. This provision allows Byrider to respond to legal challenges and protect its trademarks, even if it means requiring franchisees to adapt their branding.
These conditions are typical in franchising, as franchisors need to maintain brand control and protect their intellectual property. It is important for a prospective Byrider franchisee to understand that they must adhere to Byrider's directives regarding the use of trademarks and be prepared to make changes if required. Failure to comply with these requirements could result in a breach of the franchise agreement.