Does the Budget Licensee's obligation to pay the Termination Fee affect Budget's other rights or remedies?
Budget Franchise · 2025 FDDAnswer from 2025 FDD Document
Licensee's obligation to pay the foregoing amount will not in any way affect any other rights or remedies of Budget arising under this Agreement or otherwise.
Source: Item 23 — RECEIPTS (FDD pages 80–426)
What This Means (2025 FDD)
According to Budget's 2025 Franchise Disclosure Document, a licensee's obligation to pay the termination fee does not affect any other rights or remedies that Budget may have. Specifically, even if a licensee is required to pay a termination fee, Budget retains all other rights and remedies available to them under the agreement or otherwise.
This means that Budget is not limited in its ability to pursue other legal or contractual remedies against the licensee, even if the termination fee has been paid. This could include actions for breach of contract, intellectual property infringement, or other violations of the franchise agreement. The payment of the termination fee is considered separate from, and does not preclude, any other claims Budget might have.
For a prospective Budget franchisee, this clause underscores the importance of understanding all potential liabilities and obligations under the franchise agreement. Even if a franchisee chooses to terminate the agreement and pays the termination fee, they may still be subject to further legal action by Budget for other breaches or violations. Franchisees should seek legal counsel to fully understand the implications of this provision and how it might affect their rights and responsibilities.