Does Augusta Lawn Care acknowledge any representations, promises, inducements, guarantees, or warranties that led the franchisee to enter the agreement?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
NO SALESPERSON, REPRESENTATIVE OR OTHER PERSON HAS THE AUTHORITY TO BIND OR OBLIGATE US EXCEPT OUR AUTHORIZED MANAGEMENT OFFICER BY A WRITTEN DOCUMENT. YOU ACKNOWLEDGE THAT NO REPRESENTATIONS, PROMISES INDUCEMENTS, GUARANTEES OR WARRANTIES OF ANY KIND WERE MADE BY US OR ON OUR BEHALF WHICH HAVE LED YOU TO ENTER INTO THIS AGREEMENT. YOU UNDERSTAND THAT WHETHER YOU SUCCEED AS A FRANCHISEE IS DEPENDENT UPON YOUR EFFORTS, BUSINESS JUDGMENTS, THE PERFORMANCE OF YOUR EMPLOYEES, MARKET CONDITIONS AND VARIABLE FACTORS BEYOND OUR CONTROL OR INFLUENCE. YOU FURTHER UNDERSTAND THAT SOME FRANCHISEES ARE MORE OR LESS SUCCESSFUL THAN OTHER FRANCHISEES AND THAT WE HAVE MADE NO REPRESENTATION THAT YOU WILL DO AS WELL AS ANY OTHER FRANCHISEE. YOU UNDERSTAND THAT AUGUSTA
LAWN CARE IS NOT A FIDUCIARY AND HAS NO SPECIAL RESPONSIBILITIES BEYOND THE NORMAL RESPONSIBILITIES OF A SELLER IN A BUSINESS TRANSACTION.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, the franchise agreement includes a disclaimer regarding representations made to the franchisee. Specifically, it states that no representations, promises, inducements, guarantees, or warranties were made by Augusta Lawn Care or its representatives that led the franchisee to sign the agreement.
This disclaimer serves to protect Augusta Lawn Care from potential legal claims based on statements made during the franchise sales process. It emphasizes that the franchisee's decision to enter into the agreement should be based on their own independent investigation and not solely on representations made by the franchisor. The FDD does state that the franchisee is entering into the agreement as a result of their own independent investigation and not as a result of any representations (with the exception of those representations made in the FDD) made by Augusta Lawn Care, its members, managers, officers, directors, employees, agents, representatives or independent contractors that are contrary to the terms set forth in this Agreement.
Furthermore, the document acknowledges that the success of the franchise is dependent on the franchisee's efforts, business judgment, employee performance, market conditions, and other factors beyond Augusta Lawn Care's control. It also clarifies that Augusta Lawn Care is not a fiduciary and has no special responsibilities beyond those of a seller in a business transaction. This means Augusta Lawn Care does not have a legal obligation to act in the franchisee's best interest, but rather operates under the normal responsibilities of a seller.
Prospective franchisees should carefully review this disclaimer and conduct thorough due diligence, including consulting with legal and business advisors, to ensure they understand the risks and obligations associated with the franchise agreement. They should also be aware that any information obtained from other Augusta Lawn Care franchisees regarding sales, profits, cash flows, and/or expenses does not constitute information obtained from Augusta Lawn Care, and Augusta Lawn Care does not make any representation as to the accuracy of any such information.