For Dollar Rent A Car, does the Addendum contain the entire agreement between the parties?
Dollar_Rent_A_Car Franchise · 2025 FDDAnswer from 2025 FDD Document
12. General Terms.
- A. Franchisee acknowledges that it has received, read and understood this Addendum; that Hertz, Dollar and Thrifty have adequately explained the provisions of the Addendum to Franchisee's satisfaction; and that Franchisee has been accorded ample time and opportunity to consult with advisors of Franchisee's own choosing about the potential benefits and risks of entering into this Addendum.
- B. This Addendum, including the recitals above, contains the entire agreement between the Parties hereto with respect to the Parties' agreement to amend the Franchise Agreements. This Addendum supersedes all prior understandings and writings regarding the subject matters specified in this Addendum, and may be amended only in writing, signed by all Parties. Except to the extent specified in this Addendum, all other provisions of the Franchise Agreements, including any agreements, addenda and amendments with respect thereto, shall remain in full force and effect according to their terms, and shall apply, as applicable, to this Addendum.
- C. The obligations in the Franchise Agreements and this Addendum, which, by their terms, require performance after the expiration or termination of the Franchise Agreements or this Addendum, shall be enforceable notwithstanding the expiration or termination of the Franchise Agreements or this Addendum for any reason whatsoever.
- D. Under no circumstances shall Franchisee or Owner be entitled to receive the benefits under the Franchise Agreements or this Addendum or any other agreement with Hertz, Dollar or Thrifty or their Affiliates unless Franchisee and Owner continue to comply with all of their obligations under all such agreements.
Source: Item 23 — RECEIPTS (FDD pages 102–301)
What This Means (2025 FDD)
According to the 2025 Dollar Rent A Car Franchise Disclosure Document, the Multiple-Brand Franchising Addendum, including its recitals, constitutes the entire agreement between the parties regarding the amendment of the Franchise Agreements. This addendum supersedes any prior understandings or written agreements related to the subjects covered within it. However, it's important to note that all other provisions of the Franchise Agreements, including any existing agreements, addenda, and amendments, remain in full effect unless specifically modified by the addendum.
This means that while the Addendum consolidates the understanding regarding the specific amendments it covers, franchisees must still adhere to the original Franchise Agreements and Operations Guides. Franchisees are obligated to comply with all terms, conditions, covenants, and agreements outlined in these documents, except where the Addendum explicitly introduces modifications or amendments.
Furthermore, the obligations detailed in both the Franchise Agreements and the Addendum that require performance even after the expiration or termination of these agreements will remain enforceable. This ensures that certain responsibilities and duties continue to be upheld regardless of the termination or expiration of the franchise relationship.
Dollar Rent A Car emphasizes that neither the franchisee nor the owner is entitled to any benefits under the Franchise Agreements, the Addendum, or any other agreement with Hertz, Dollar, Thrifty, or their affiliates if they fail to comply with all their obligations under these agreements. This underscores the importance of maintaining full compliance to ensure continued benefits from the franchise relationship.