Upon termination of the Byrider Franchise Agreement, what must the franchisee do with the Byrider Computer Software?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
17.1 Obligations. In the event of the termination or expiration of this Agreement, whether by reason of default, lapse of time or other cause, the Franchisee shall: (A) promptly pay all amounts owed to the Company; (B) promptly return to the Company the Manual and other confidential materials including, without limitation, all the BYRIDER Computer Software; (C) maintain confidentiality of all proprietary and Confidential Information furnished by the Company; (D) immediately cease using any of the Marks except as provided for herein; (E) immediately make all alterations to the building facilities and exterior signs at the Business Location to distinguish them from the appearance and identity of a Business; if the Franchisee shall fail or refuse to make or cause such changes to be made, the Company, without prejudice to its other rights and remedies, may enter upon the Business Location, forcibly if necessary, without being guilty of trespass or any other tort, and make such changes at the Franchisee's expense except as provided for herein; (F) within thirty (30) days after the termination or expiration of this Agreement, cancel all Byrider telephone listings, numbers and directory advertising, and, if required by the Company, direct the transfer of the same to the Company or on its order; (G) take such actions as may be necessary or desirable to assign to the Company or the Company's designee any Internet domain names, assumed name, rights or equivalent registration which contain the Marks, including, without limitation, any slogans used by the Company, within thirty (30) days after the termination or expiration of this Agreement; (H) comply with all covenants contained in Article XVIII herein; (I) pay all costs, including attorneys' fees, incurred by the Company in terminating this Agreement.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, the franchisee is obligated to promptly return to Byrider the Manual and other confidential materials, including, without limitation, all the BYRIDER Computer Software. This requirement applies regardless of the reason for termination, whether due to default, lapse of time, or any other cause. This means the franchisee no longer has rights to use the software.
In addition to returning the software, the franchisee must also cease using any of Byrider's Marks, make alterations to the business location to distinguish it from a Byrider location, cancel Byrider telephone listings, and take actions to assign any internet domain names containing Byrider's Marks to the company. These steps ensure a clean break between the franchisee and the Byrider brand, protecting Byrider's trademarks and business identity.
Furthermore, Byrider will not be obligated to provide the franchisee with access to the BYRIDER Computer Software or provide any services related to it after termination or expiration of the agreement. However, Byrider will make available to the franchisee information needed to collect receivables and wind down the business in an orderly manner. This allows the franchisee to manage outstanding financial matters even after the franchise relationship ends.