If the License Agreement is terminated, what rights does Budget have regarding the Concession?
Budget Franchise · 2025 FDDAnswer from 2025 FDD Document
- **4.
Assignment**.
Concessionaire hereby acknowledges that Licensee has agreed under the License Agreement that, in the event of termination, for any reason, or Licensee's default under the Concession, Licensee will, at Budget's option, assign to Budget or Budget's designee any and all interest of Licensee in the Concession, including any rights to renew the Concession or to sublease the Premises; and Concessionaire hereby consents to such assignment, subject to the following conditions:
(i) Budget will notify Concessionaire in writing within thirty (30) days after termination or expiration of the License Agreement or Budget's receipt of any notice of default by Licensee under the Concession if Budget elects to accept assignment of the Concession; Budget's failure to accept assignment of the Concession upon any default of Licensee under the Concession, will not be deemed a waiver of Budget's future right to accept such assignment in the event of any future default of Licensee;
(j) If Budget elects to accept assignment of the Concession, Budget will execute and deliver to Concessionaire a concession containing the same terms and conditions (including concession fees) as the Concession; provided, however, that Budget's concession interest will not be subject to any defaults or claims that may then exist between Concessionaire and Licensee;
(k) If Budget elects to accept assignment of the Concession, Budget will take possession of the Premises within thirty (30) days after notice of such election to Concessionaire;
(l) Nothing herein will affect Concessionaire's right to recover from Licensee any and all amounts due under the Concession or to exercise any rights of Concessionaire against Licensee as provided under the Concession, nor will Budget be responsible for Licensee's default under the Concession.
**5.
Assignment To Third Party**.
At any time after giving notice of its election to accept assignment of the Concession, Budget may request to assign its concession, or sublease the Premises, to a third party.
Concessionaire agrees not to unreasonably withhold its consent to any such assignment or sublease on the same terms as the Concession; provided, however, that if Concessionaire refuses to consent to such assignment or sublease by Budget, Budget will have the right to revoke its acceptance of assignment of the Concession and will have no further obligations thereunder.
- **6.
Entry By Budget**.
Concessionaire and Licensee hereby acknowledge that Licensee has agreed under the License Agreement that Budget and its employees or agents will have the right to enter the location(s) operated by Licensee at the Premises at any reasonable
time for the purpose of conducting inspections, protecting Budget's trademarks, trade names, logos and similar proprietary interests, and correcting deficiencies of Licensee. Concessionaire and Licensee hereby agree not to interfere with or prevent such entry by Budget, its employees or agents.
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 Budget's 2025 Franchise Disclosure Document, in the event of termination of the License Agreement, Budget has the option to have the licensee assign to Budget any interest in the Concession, including rights to renew or sublease the premises. Budget must notify the concessionaire in writing within 30 days of the termination or notice of default if it elects to accept the assignment. Failure to accept the assignment upon one default does not waive Budget's right to accept it in the future.
If Budget chooses to accept the assignment, it must execute a concession with the same terms and conditions as the original, but Budget's interest will not be subject to any existing defaults or claims between the concessionaire and the licensee. Budget must take possession of the premises within 30 days of notifying the concessionaire of its election. The concessionaire retains the right to recover any amounts due from the licensee under the concession, and Budget is not responsible for the licensee's defaults.
Budget also has the right to assign its concession or sublease the premises to a third party after giving notice of its election to accept the assignment. The concessionaire agrees not to unreasonably withhold consent to such assignment or sublease on the same terms as the concession. However, if the concessionaire refuses to consent, Budget can revoke its acceptance of the assignment and have no further obligations. Additionally, Budget has the right to enter the location operated by the licensee at any reasonable time to conduct inspections, protect its trademarks, and correct deficiencies. In the event of termination, the licensee is obligated to de-identify the location as a Budget business, and the concessionaire agrees to cooperate with Budget in enforcing this provision, including allowing Budget to remove signs and materials bearing Budget's marks.