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What happens to the Budget agreement if the Licensee's License Agreement expires or is terminated?

Budget Franchise · 2025 FDD

Answer from 2025 FDD Document

If Licensee's License Agreement expires or is terminated for any reason, then this Agreement will terminate on such date of expiration or termination, without any notice to Licensee.

  • 11.6 Obligation of Licensee on Termination.

Upon termination of this Agreement and license (which for all purposes of this Agreement will mean termination by either party for any reason or expiration of the term of this Agreement), Licensee will: (a) pay to Budget, on or before noon on the effective date of termination, such License Fees, the unpaid balance of the Initial License Purchase Fee and all other fees or monies Licensee owes to Budget or any of the Related Entities; Licensee waives any right or claim to offset the amounts due to Budget or any of the Related Entities with amounts due to Licensee; (b) promptly pay all fees or monies Licensee owes to other Network licensees or any other person or entity (e.g., phone bills, rent or airport concession fees), whether incurred under this Agreement or otherwise in the conduct of the Rental Business; (c) not thereafter, directly or indirectly, identify itself in any manner as an Budget licensee or use the System, or any part thereof, the name "Budget" or any variation thereof, or any of the Marks, forms, slogans, signs, symbols, devices, or materials constituting part of the System; (d) return to Budget all Manual, Standard Rental Agreements, advertising materials, and all other materials bearing the "Budget" name or containing any of the Standards; (e) take all steps necessary to transfer to Budget, or to such person as Budget may direct, all telephone numbers, facsimile and electronic communication lines, and electronic addresses and domain names used by it in the conduct of the Rental Business, and, upon Budget's request, advise the telephone company and any third party service providers serving the Territory and other appropriate parties that Licensee has no further interest in such telephone numbers, facsimile and electronic communication lines, and electronic addresses and domain names and approve their transfer to Budget or to such other person as Budget may direct; (f) upon notice from Budget, take all steps necessary to effectuate

7. De-Identification. Concessionaire and Licensee hereby acknowledge that in the event the License Agreement expires or is terminated, Licensee is obligated under the License Agreement to take certain steps to de-identify the location as a "Budget" business operated by Licensee. Concessionaire agrees to cooperate fully with Budget in enforcing such provisions of the License Agreement against Licensee, including allowing Budget, its employees and agents to enter the Premises and remove signs, decor and materials bearing or displaying any marks, designs or logos of Budget; provided, however, that Concessionaire will not be required to bear any expense thereof. Licensee agrees that if it fails to de-identify the Premises promptly upon termination or expiration as required under the License Agreement, Budget may cause all required de-identification to be completed at Licensee's expense.

Source: Item 23 — RECEIPTS (FDD pages 80–426)

What This Means (2025 FDD)

According to the 2025 Budget FDD, if a Licensee's License Agreement expires or is terminated for any reason, the ABCR (presumably referring to a parent or related entity) agreement will terminate on the same date of expiration or termination, without any notice to the Licensee.

Upon termination of the Budget agreement, the Licensee must fulfill several obligations. The Licensee is required to pay all outstanding License Fees, the unpaid balance of the Initial License Purchase Fee, and any other monies owed to Budget or its Related Entities by noon on the termination date. The Licensee also waives any right to offset these amounts with any amounts they believe are owed to them.

Furthermore, the Licensee is prohibited from identifying themselves as a Budget licensee or using the Budget system, name, or any related marks. They must return all manuals, standard rental agreements, advertising materials, and any other materials bearing the Budget name or containing any of the system standards. The Licensee must also transfer all telephone numbers, facsimile and electronic communication lines, and electronic addresses and domain names used in the Rental Business to Budget or its designee. The Licensee must also take steps to de-identify the location as a Budget business, and Budget can complete this de-identification at the Licensee's expense if the Licensee fails to do so promptly.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.