For Dollar Rent A Car, on whom is the Release binding and to whose benefit does it inure?
Dollar_Rent_A_Car Franchise · 2025 FDDAnswer from 2025 FDD Document
P.O. Box 30213 Lansing, Michigan 48909 (517)335-7571 | WASHINGTON Department of Financial Institutions Division of Securities 150 Israel Road SW Tumwater, Washington 98501 (360)902-8760 |
ATTACHMENT F TO FRANCHISE AGREEMENT FORM OF CONFIDENTIALITY AND NON-COMPETITION AGREEMENT (OWNERS)
CONFIDENTIALITY AND NON-COMPETITION AGREEMENT
(Owners)
THIS CONFIDENTIALITY AND NON-COMPETITION AGREEMENT (this "Agreement") is entered into on [DATE] (the "Effective Date"), by and between [HERTZ SYSTEM, INC. / DOLLAR RENT A CAR, INC. / THRIFTY RENT-A-CAR SYSTEM, LLC], a [Delaware/Oklahoma] [corporation / limited liability company] with its principal place of business at 8501 Williams Road, Estero, Florida 33928 (the "Franchisor") and, [FRANCHISEE], a [state of organization] [corporation / limited liability company / limited partnership] with its principal place of business at [Franchisee address] (the "Franchisee") and [Owner name], a person having a direct or indirect legal or beneficial interest in Franchisee, whose address is [Owner Address] ("Owner"). All capitalized terms not otherwise defined in this Agreement shall have the meaning ascribed to such terms in the Franchise Agreement.
RECITALS
- A. The Franchisor, as a result of a significant expenditure of time, skill, effort, and money, has developed and owns a proprietary system ("System") for the business of renting vehicles ("[Hertz / Dollar / Thrifty] Business") and has the exclusive right to grant franchises to use the System to operate [Hertz / Dollar / Thrifty] Businesses;
- B. Franchisor and Franchisee have executed a [Hertz System, Inc. / Dollar Rent A Car, Inc. / Thrifty Rent-A-Car System, LLC] Franchise Agreement (the "Franchise Agreement") granting Franchisee the right to conduct and operate a [Hertz / Dollar / Thrifty] Business in the Territory and at the Locations set forth on Attachment A of the Franchise Agreement;
- C. Owner, by virtue of his or her ownership position with Franchisee, will gain access to certain of Franchisor's Confidential Information, as defined herein, and must agree therefore to be bound by the confidentiality and non-compete obligations contained herein; and
- D. The Franchisor is willing to have Franchisee disclose such Confidential Information to Owner, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of Franchisee's providing such Confidential Information to Owner, the parties agree as follows:
CONFIDENTIALITY
Source: Item 23 — RECEIPTS (FDD pages 102–301)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the information provided does not specify on whom the Release is binding or to whose benefit it inures. However, the document does include several attachments related to agreements that may contain release provisions.
Attachment F outlines a Confidentiality and Non-Competition Agreement for owners, which details the agreement between Hertz System, Inc. (or Dollar Rent A Car, Inc. or Thrifty Rent-A-Car System, LLC), the franchisee, and the owner regarding confidential information and non-competition. Attachment G is a Personal Guaranty Agreement, where the undersigned guarantees the Debtor's (franchisee) obligations to the Franchisor. Attachment H contains a Confidentiality Agreement for managerial employees, which is an agreement between Hertz System, Inc. (or Dollar Rent A Car, Inc. or Thrifty Rent-A-Car System, LLC), the franchisee, and the franchisee's employee or agent.
To fully understand the scope and implications of any releases, a prospective Dollar Rent A Car franchisee should carefully review each of these attachments and seek clarification from the franchisor regarding specific release provisions, including who is bound by them and who benefits from them. Consulting with a legal professional is also recommended to ensure a comprehensive understanding of their rights and obligations.