According to Augusta Lawn Care, what constitutes a "Proprietary Service"?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
"Proprietary Service" means any product or service that is composed of or in accordance with Augusta Lawn Care's specifications or that bears or has been labeled with any of the Marks.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care FDD, a "Proprietary Service" is defined as any product or service that is created according to Augusta Lawn Care's specific requirements or that carries or is labeled with any of Augusta Lawn Care's trademarks or service marks. This definition is important for prospective franchisees to understand because it outlines what products and services are considered part of the Augusta Lawn Care system and therefore subject to the franchisor's control and standards.
Augusta Lawn Care retains significant rights regarding these Proprietary Services. The company can sell, rent, or distribute these services directly or indirectly, and can also license others to do the same, even within a franchisee's approved territory, with the exception that Augusta Lawn Care cannot do so from an Augusta Lawn Care Business inside the Approved Territory. Furthermore, Augusta Lawn Care can develop, operate, and franchise other business concepts, even those that compete with the Proprietary Services, and use its trademarks in connection with those concepts.
As an Augusta Lawn Care franchisee, you are required to offer all products and services that Augusta Lawn Care designates, and you must provide all services, including Proprietary Services, according to the standards and specifications outlined in the operations manual. You are also obligated to use the proprietary and nonproprietary techniques, materials, and supplies that Augusta Lawn Care designates. This means that franchisees have limited autonomy in choosing which products and services to offer and how to deliver them, as they must adhere to Augusta Lawn Care's standards and guidelines.
Augusta Lawn Care also has the right to limit the suppliers with whom franchisees may deal and may require franchisees to purchase certain items from approved suppliers. Augusta Lawn Care may receive compensation from these approved suppliers based on franchisee purchases of Proprietary Services, products, and other goods and services. Franchisees assign to Augusta Lawn Care all rights to any allowances or benefits offered by suppliers based on their purchases. This arrangement gives Augusta Lawn Care control over the supply chain and the potential to generate additional revenue through supplier relationships.