factual

Who is responsible for damages to ABCR or the System resulting from unauthorized access through a Budget licensee's equipment when Controls are not in place?

Budget Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (d) Licensee will be responsible for any damage suffered by ABCR and/or the System as a result of unauthorized access, use or code or file transmission from Licensee's Equipment during any period in which the Controls are not in place on Licensee's Equipment.

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

What This Means (2025 FDD)

According to Budget's 2025 Franchise Disclosure Document, the licensee is responsible for any damages suffered by ABCR and/or the System if unauthorized access occurs due to the licensee's failure to maintain required security controls on their equipment. This means that if a Budget franchisee does not properly implement and maintain the security measures mandated by ABCR, they will be held liable for any resulting damages from security breaches.

These security controls, referred to as "Controls," include hardware firewall protection, anti-malware protection, personal firewall protection, intrusion detection, and encryption for data transmission. The franchisee is expected to employ these controls and commercially reasonable security mechanisms. They are also responsible for the actions of their authorized users and for ensuring that unauthorized users do not gain access to the system due to the franchisee's negligence.

Budget franchisees must ensure they adhere to ABCR's security policies and procedures to avoid potential liability for damages resulting from unauthorized access. This includes keeping their systems updated with security patches, using approved security products, and enforcing policies regarding password protection and scanning files for viruses. Failure to comply with these requirements can lead to suspension from network access and potential financial responsibility for damages incurred by ABCR or the System.

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.