Can Byrider unilaterally change the Manual?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
6.3 Confidential Operating Manual.
- A. The Company shall provide access to Company's Confidential Operating Manual (together with all supplements to or revisions of, herein the "Manual") for use during the Term. The online Manual is provided on the Company's intranet website. All periodic modifications to the Manual are made to the online copy only, and Franchisee agrees to view the website monthly for modifications. The Company will send electronic notice of modifications. Franchisee agrees that the Manual and any updates to the Manual are part of this Agreement as if fully set forth within its text. Franchisee acknowledges that Company's periodic modification of the Manual (including, without limitation, changes to the hardware and software required for the Company's technology system), which may accommodate regional and/or local variations, may obligate Franchisee to invest additional capital in the Business Location and/or incur higher operating costs.
- B. Except in such instances where the provisions of the Manual directly conflicts with the terms of this Agreement, the Franchisee shall conduct the operation of the Franchisee's Business in compliance with the Company's operational systems, standards, procedures, methods and requirements as prescribed from time to time in the Manual.
- C. The Manual contains specifications, standards, operating procedures and rules prescribed from time to time by the Company for the Business and information relative to other obligations of the Franchisee hereunder and the operation of the Franchisee's Business.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, Byrider has the right to modify its Confidential Operating Manual. Byrider will provide access to the Manual, which is available online, during the term of the agreement. Franchisees are expected to view the website monthly for any modifications, and Byrider will send electronic notices of these changes.
These modifications to the Manual can include changes to hardware and software, which may require the franchisee to invest additional capital or incur higher operating costs. The franchisee is obligated to operate their business in compliance with the standards, procedures, and requirements as outlined in the Manual, unless the Manual's provisions directly conflict with the Franchise Agreement.
This means that Byrider franchisees must stay informed about updates to the Manual and be prepared to adapt their business operations and potentially invest further capital to comply with these changes. While Byrider will provide notice of modifications, the responsibility ultimately falls on the franchisee to remain current with the Manual's requirements.
This level of franchisor control is common in franchise systems to maintain brand consistency and operational standards. However, it also places a responsibility on prospective franchisees to carefully consider the potential for required investments and operational adjustments throughout the term of their agreement.