Under the Dollar Rent A Car Confidentiality Agreement, what is the role of the 'Recipient'?
Dollar_Rent_A_Car Franchise · 2025 FDDAnswer from 2025 FDD Document
im that the delivery or effectiveness of this guaranty is conditional in any way.
| STATE | EFFECTIVE DATE | |---|---| | | | | California | | | Michigan | | | North Dakota | | | South Dakota | | | Washington | | | Wisconsin | |
ATTACHMENT H TO FRANCHISE AGREEMENT FORM OF CONFIDENTIALITY AGREEMENT (MANAGERIAL EMPLOYEES)
CONFIDENTIALITY AGREEMENT
(Managerial Employees)
THIS CONFIDENTIALITY 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"), [FRANCHISEE], a [state of organization] [corporation / limited liability company / limited partnership] with its principal place of business at [Franchisee address] (the "Franchisee") and [Manager Name], an employee or agent of Franchisee, whose address is [Manager address] ("Recipient").
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 Territories and at the Locations set forth on Attachment A of the Franchise Agreement;
- C. Recipient, by virtue of his or her 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 obligations contained herein; and
- D. The Franchisor is willing to have Franchisee disclose such Confidential Information to Recipient, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of Franchisee's providing such Confidential Information to Recipient, the parties agree as follows:
1.
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 'Recipient' in the Confidentiality Agreement is defined as an employee or agent of the franchisee who, by virtue of their position, will have access to the franchisor's confidential information. This agreement ensures that the recipient is bound by confidentiality obligations. The franchisor is willing to disclose confidential information to the recipient, provided they adhere to the terms and conditions outlined in the agreement. This is detailed in the recitals of the agreement, which highlight the franchisor's proprietary system and the franchisee's right to operate a Dollar Rent A Car business. The agreement is made between Dollar Rent A Car as the franchisor, the franchisee, and the recipient.
The Confidentiality Agreement specifies that the recipient must use the confidential information solely for fulfilling their responsibilities on behalf of the franchisee. The recipient is permitted to share confidential information only with other employees or agents of the franchisee who need to know the information for their roles, provided they are informed of its confidential nature and agree to be bound by the agreement's terms. The recipient is accountable for any breaches of the agreement by these employees or agents and must take necessary measures to prevent unauthorized disclosure or use of the confidential information.
The agreement also emphasizes that the confidential information remains the property of Dollar Rent A Car, and upon request, the recipient must return all documents containing such information and erase or destroy any confidential information stored on computers or data storage devices under their control. The recipient is prohibited from copying, duplicating, recording, or storing the confidential information without prior written consent from the franchisor. Furthermore, the recipient must not use the confidential information for their benefit or the benefit of any other person or entity. This ensures that the confidential information of Dollar Rent A Car is protected and used appropriately within the scope of the franchisee's operations.