Under what conditions can Byrider restrict a franchisee's use of the Marks?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
any modified form, nor may the Franchisee use the Marks in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized by the Company. The Franchisee shall not use the Marks as part of any domain name, homepage, electronic address, user name, user profile or otherwise in connection with a website (unless approved by the Company), including, without limitation, in connection with any social networking site which references or identifies the Franchisee's Business, Business Location or Franchisee as a part of the System. The Franchisee shall give such notice of trademark and service mark registration as the Company specifies 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, Byrider can restrict a franchisee's use of its Marks if the franchisee does not fully comply with all the conditions, terms, and covenants of the Franchise Agreement. The right to use the Marks applies only to the specific Business Location and only as long as the franchisee adheres to the agreement.
Byrider also has the right to demand the franchisee modify its use of the Marks and the System if, in Byrider's judgment, the franchisee's actions infringe upon or demean the goodwill, standards of uniformity or quality, or business standing associated with the Marks and the System. The franchisee must modify its use of the Marks and the System immediately upon notice from Byrider, following Byrider's prescribed manner.
Furthermore, the franchisee cannot use the Marks in any modified form, in connection with the sale of any unauthorized product or service, or in any manner not expressly authorized by Byrider. The franchisee is also prohibited from using the Marks as part of any domain name, homepage, electronic address, user name, user profile, or otherwise in connection with a website (unless approved by Byrider), including any social networking site that references the franchisee's Business, Business Location, or franchisee as part of the Byrider System. Any unauthorized use of the Marks constitutes a breach of the Franchise Agreement and an infringement of Byrider's rights.