Can a special legend on a check given to Budget constitute a waiver of any obligation?
Budget Franchise · 2025 FDDAnswer from 2025 FDD Document
No special or restrictive legend on any check or similar item given to a party hereto by the other party hereto, will constitute a waiver, compromise, settlement, "payment in full" or accord and satisfaction.
Source: Item 23 — RECEIPTS (FDD pages 80–426)
What This Means (2025 FDD)
According to Budget's 2025 Franchise Disclosure Document, a special or restrictive legend on a check provided to either party will not be considered a waiver, compromise, settlement, "payment in full," or accord and satisfaction. This means that if a Budget franchisee attempts to settle a debt by writing "payment in full" on a check, Budget is not obligated to accept that check as full settlement of the debt.
This clause protects Budget from inadvertently waiving its rights to full payment or future claims due to restrictive legends placed on checks or similar items. It ensures that any agreement to waive rights or settle debts must be made explicitly and not implied through the acceptance of a check with a special notation.
For a prospective Budget franchisee, this means that you cannot unilaterally alter your financial obligations to Budget by including restrictive legends on payments. Any proposed changes to payment terms or debt settlements must be formally negotiated and agreed upon in writing with Budget to be valid.