After termination or expiration of the Budget franchise, what is the geographic scope of the non-compete covenant?
Budget Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section of the Budget License Agreement | Summary | |
|---|---|---|---|
| r. | Non-competition covenants after the franchise is terminated or expires | 11.9, 12.6, and Nondisclosure and Noncompetition Agreement | No competing business for one year in licensed territory or within five miles of licensed territory. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 66–70)
What This Means (2025 FDD)
According to Budget's 2025 Franchise Disclosure Document, franchisees are subject to certain non-competition restrictions even after the franchise agreement terminates or expires. Specifically, Budget franchisees are prohibited from engaging in any competing business for a period of one year following the termination or expiration of the franchise. This restriction applies within the franchisee's licensed territory or within five miles of that licensed territory.
This post-term non-compete covenant means that a former Budget franchisee cannot immediately open a competing vehicle rental business in the same geographic area where they operated their Budget franchise. The restriction is limited to one year, which is a fairly standard duration for non-competes in the franchise industry. The geographic scope is also relatively limited, focusing on the licensed territory and a small buffer zone around it.
For a prospective Budget franchisee, this means carefully considering the location of their franchise and the potential for future business opportunities. If a franchisee plans to exit the Budget system and start a competing business, they will need to do so outside of their licensed territory and beyond the five-mile radius, or wait until the one-year period has elapsed. This restriction is designed to protect Budget's market share and customer relationships, but it could limit a former franchisee's options.