Upon termination of the Byrider Franchise Agreement, what must the franchisee do with the Byrider Manual and other confidential materials?
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;
In so doing, Franchisee shall require and represents that each of its employees, agents and representatives complies with each and every provision of this
Agreement. Upon termination of this Agreement without the necessity of any request from the Company, or at any other time the Company may in writing so request, Franchisee shall promptly deliver to the Company all materials concerning any Confidential Information, copies thereof and any other materials of the Company and/or its affiliates which are in Franchisee's possession or under Franchisee's control, and Franchisee shall not make or retain any copy, draft or extract thereof which has been made at any time. Franchisee acknowledges that the foregoing provisions are necessary to protect the special knowledge of the Company's and its affiliates' trade secrets (which are the result of a considerable amount of time, money and effort of the Company and its affiliates to increase and maintain its sales, including product sales) which Franchisee has acquired and will acquire in carrying out Franchisee's job responsibilities as well as the Company's goodwill and customer relationships to which Franchisee has gained access through Franchisee's dealer relationship. Nothing contained herein shall be construed or considered to vest in the Franchisee any right, title or interest of any kind in or to the information disclosed or made available to it by the Company pursuant to this Agreement or otherwise. Accordingly, Franchisee acknowledges and agrees that all memoranda, notes, records, agreements, documents and other materials, as well as copies and drafts thereof, made and/or compiled by Franchisee and/or made available to Franchisee during the course of his/her dealer relationship, which relate to the Confidential Information (as stated above), is and shall remain the property of the Company. The obligations of Franchisee under this Section shall survive the termination (for any reason) or breach of this Agreement.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, the franchisee is obligated to promptly return the Byrider Manual and any other confidential materials to the company. This includes, without limitation, all the BYRIDER Computer Software.
Furthermore, the franchisee must maintain the confidentiality of all proprietary and confidential information furnished by Byrider. The franchisee is prohibited from making or retaining any copies, drafts, or extracts of confidential information. All memoranda, notes, records, agreements, documents, and other materials related to the confidential information remain the property of Byrider.
These obligations are designed to protect Byrider's trade secrets, goodwill, and customer relationships, which the franchisee gains access to through the dealer relationship. The franchisee's duty to safeguard and return confidential information survives the termination or breach of the Franchise Agreement, ensuring the continued protection of Byrider's proprietary assets.