Under the Byrider Franchise Agreement, what constitutes 'cause' for termination if the franchisee fails to open the Business?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
| Section in | |||
|---|---|---|---|
| Description | Franchise | C | |
| Provision | Agreement or | Summary | |
| other | |||
| agreement | |||
| h. | "Cause" defined – | Articles 16.1, | Failure to open the Business within |
| defaults which cannot | 16.2 and 16.4 | 1 year; failure to complete required | |
| be cured | initial training prior to opening for | ||
| See also Area | business; supplying Byrider | ||
| Development | Franchising Partners with materially | ||
| Agreement, | false, misleading, incomplete, or | ||
| Section 4 | inaccurate information; your | ||
| software agreement is terminated | |||
| by Byrider Franchising Partners for | |||
| breach of its provisions; you make | |||
| or attempt to make any transfer in | |||
| violation of Article 14 of the | |||
| Franchise Agreement, you make an | |||
| assignment for the benefit of | |||
| creditors or are deemed insolvent or | |||
| unable to pay your debts generally | |||
| as they become due; the business | |||
| or Business Location is seized, | |||
| taken over, or foreclosed by a | |||
| government official, creditor, | |||
| lienholder, or lessor and final | |||
| judgment is unsatisfied for thirty | |||
| days without bond or appeal or a | |||
| levy of execution has been made | |||
| upon the licenses granted or upon | |||
| any property used in the Business | |||
| and is not discharged within five | |||
| days of such levy; you or any of | |||
| your managers, directors, officers or | |||
| majority stockholder are convicted | |||
| of, or plead guilty or no contest to, a | |||
| felony or other criminal misconduct | |||
| directly related to the operation of | |||
| the Business. You default under | |||
| any other agreement with Byrider | |||
| Franchising Partners or its affiliates, | |||
| which does not afford you a cure | |||
| period. |
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 56–63)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, Byrider Franchising Partners can terminate the franchise agreement with cause if the franchisee fails to open the business within a year of signing the agreement. This is a critical deadline for prospective franchisees.
Additionally, Byrider can terminate the agreement before the business opens if the franchisee does not satisfactorily complete the required training program. This highlights the importance of fully engaging with and completing the training provided by Byrider. Supplying materially false, misleading, incomplete, or inaccurate information to Byrider Franchising Partners is also grounds for termination.
These stipulations protect Byrider by ensuring franchisees are adequately prepared and committed to opening and operating the business according to the franchise's standards and timeline. Missing the one-year opening deadline or failing to complete training suggests a lack of commitment or preparedness, which could negatively impact the Byrider brand. Franchisees should be aware of these potential pitfalls and take proactive steps to meet all requirements and deadlines.