What actions might be required or contemplated by the Augusta Lawn Care Franchise Agreement?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon termination of this Agreement for any reason, the parties will have the following rights and obligations:
(a) Augusta Lawn Care will have no further obligations under this Agreement.
(b) You shall pay Augusta Lawn Care a fee of, at least, Five Thousand Dollars ($5,000) to account for our legal and/or administrative costs;
(c) You shall give the final accounting for the Augusta Lawn Care Business, pay Augusta Lawn Care within thirty (30) days after termination all payments due to Augusta Lawn Care, and return the Manual and any other property belonging to Augusta Lawn Care.
(d) You shall immediately and permanently cease to operate the Augusta Lawn Care Business.
You shall immediately and permanently stop using the Marks or any confusingly similar marks, the System, or any advertising, signs, stationery, or forms that bear identifying marks or colors that might give others the impression that You are operating an Augusta Lawn Care Business, You shall refrain from any statement or action that might give others the impression that You are or ever were affiliated with the Augusta Lawn Care Franchise Network.
- (e) You shall promptly sign any documents and take any steps that, in the judgment of Augusta Lawn Care, are necessary to delete Your listings from classified telephone directories, disconnect, or, at Augusta Lawn Care's option, assign the Augusta Lawn Care all telephone numbers that have been used in the Augusta Lawn Care Business, and terminate all other references that indicate You are or ever were affiliated with Augusta Lawn Care or an Augusta Lawn Care Business.
By signing this Agreement, You irrevocably appoint Augusta Lawn Care as Your attorney-infact to take the actions described in this paragraph if You do not do so Yourself within seven (7) days after termination of this Agreement.
You further irrevocably assign Your telephone numbers listed on Exhibit A, or hereinafter acquired for the operation of Your Augusta Lawn Care Business, to Augusta Lawn Care.
- (f) You shall maintain all records required by Augusta Lawn Care under this Agreement for a period of not less than five (5) years after final payment of any amounts You owe to Augusta Lawn Care when this Agreement is terminated (or such longer period as required by applicable law).
You understand and acknowledge that the rights and duties set forth in this Agreement are personal to You, and that Augusta Lawn Care has granted this franchise in reliance of Your (or, if You are a corporation, partnership, or limited liability company, your principals) business skill, financial capacity and personal character. Accordingly, neither You nor any immediate or remote successor to any part of Your interest in this Agreement, nor any individual, partnership, limited liability company, corporation or other legal entity, which directly or indirectly owns any interest in You, shall sell, assign, transfer, convey, pledge, encumber, merge or give away (collectively, "transfer") this Agreement, any direct or indirect interest in You, or in all or substantially all of the assets of the Franchise without prior written consent of Augusta Lawn Care Any purported assignment or transfer not having the written consent of Augusta Lawn Care, required by Section 9.3, shall be null and void and shall constitute a material breach of this Agreement, for which Augusta Lawn Care may immediately terminate without opportunity to cure pursuant to Section 10.2.1 of this Agreement. The foregoing remedies shall be in addition to any other remedies Augusta Lawn Care may have under this Agreement or at law or in equity.
Franchisee shall notify Augusta Lawn Care in writing of any proposed transfer of this Agreement, any direct or indirect interest in You, or in all or substantially all of the assets of Augusta Lawn Care Business, at least thirty (30) days before such transfer is proposed to take place. Augusta Lawn Care shall not unreasonably withhold its consent to any transfer. Augusta Lawn Care may, in its sole discretion, require any or all of the following as conditions of its approval:
(a) That all of Your accrued monetary obligations and all other outstanding obligations to Franchisor and its affiliates have been satisfied;
(b) That You are not in default of any provision of this Agreement, any amendment or addendum hereof or successor hereto, or any other agreement between You and Augusta Lawn Care or its affiliates;
(c) That the transferor shall have executed a general release, in a form prescribed by Augusta Lawn Care, of any and all claims against Augusta Lawn Care and its
affiliates, and their respective officers, directors, agents, shareholders, and employees;
(d) That the transferor (and, if the transferee is other than an individual, such owners of a beneficial interest in the transferee as Augusta Lawn Care may request) demonstrate to Augusta Lawn Care's satisfaction that it meets Augusta Lawn Care's educational, managerial and business standards; possesses a good moral character, business reputation and credit rating; has the aptitude and ability to operate the Augusta Lawn Care Business (as may be evidenced by prior related business experience or otherwise); and has adequate financial resources and capital to operate the Augusta Lawn Care Business, taking into consideration the purchase price paid by the transferee for the Augusta Lawn Care Business;
(e) That (1) at Augusta Lawn Care's option, (a) the transferee (and, if the transferee is other than an individual, such owners of a beneficial interest in the transferee as Augusta Lawn Care may request) enter into a written assignment, in a form satisfactory to Augusta Lawn Care, assuming and agreeing to discharge all of Your obligations under this Agreement, or (b) the transferee(s) execute, for a term ending on the expiration date of this Agreement and with such renewal term(s) as may be provided by this Agreement, the Augusta Lawn Care's then-current form of franchise agreement and other ancillary agreements as Franchisor may require for the Augusta Lawn Care Business, which agreements shall supersede this Agreement in all respects, and the terms of which may differ from the terms of this Agreement, including, without limitation, higher royalty fees, advertising contributions, or other fees, and a smaller or modified Territory, except that the transferee shall not be required to pay any initial franchise fee; and (2) the transferee's principal guaranty the performance of all such obligations in writing in a form satisfactory to Augusta Lawn Care;
(f) That You remain liable for all of the obligations to Augusta Lawn Care in connection with the Augusta Lawn Care Business which arose prior to the effective date of the transfer and execute any and all instruments reasonably requested by Augusta Lawn Care to evidence such liability;
Former Franchisee and New Franchisee each agree to take such further actions as may be required to effectuate the terms and conditions of this Agreement, including any and all actions that may be required or contemplated by the Franchise Agreement.
At Augusta Lawn Care's option, You may relocate the Augusta Lawn Care Business, with Augusta Lawn Care's prior written consent, if all of the following conditions are met:
(a) You and Your Related Parties are in Good Standing under this Agreement and any other Agreement between Augusta Lawn Care and You, and You and Your Related Parties are in compliance with all provisions of the Manual;
(b) You and any of Your Related Parties that have signed this Agreement have agreed to cancel this Agreement and execute a new Franchise Agreement in the form that is currently effective at the time of relocation (with a term equal to the thenremaining term of this Agreement);
(c) You have secured a site that is not located in another Augusta Lawn Care franchisee's approved Territory, and which meets our then-current size and demographic requirements;
(d) You agree to equip and furnish Your new Augusta Lawn Care Business so that the Business meets the standards of appearance and function applicable to new Augusta Lawn Care Businesses at the time of relocation;
(e) You and Your Related Parties that are parties to this Agreement shall have executed a general release, in a form satisfactory to Augusta Lawn Care, of any and all claims against Augusta Lawn Care and its Related Parties, affiliates, successors and assigns, and their respective directors, officers, shareholders, partners, agents, representatives, servants and employees in their corporate and individual capacities, including, without limitation, claims arising under this Agreement, any other agreement between You and Augusta Lawn Care or its affiliates, and federal, state, and local laws and rules; and
(f) You may cease to operate the Augusta Lawn Care Business for no more than one (1) day only for the purposes of moving all equipment from the old Approved Location to the new approved location for the Augusta Lawn Care Business.
This Amendment amends the Franchise "Agreement"), between Augusta Franchise, LLC, a Washington limited liability company ("Augusta Lawn Care"), and, a ("Franchisee"). Agreement, dated (the 1. The South Dakota Department of Labor and Regulation payment of the initial franchise fee and other initial payments owed by Franchisee to Augusta Lawn Care under until Augusta Lawn Care has completed its pre-opening obligations under the Agreement, and Franchisee has commenced operations. Therefore, and notwithstanding Section 6.1, Section 6.2, or any other provision of the Agreement, all initial fees will be deferred until after Augusta Lawn Care's initial obligations to Franchisee are commenced operations. requires us to defer complete, and Franchisee has 2. This Amendment is effective as of the Effective Date of the Agreement. Amendment to the Franchise Agreement on the same date as that on which the Franchise IN WITNESS WHEREOF, the parties hereto have duly executed this South Dakota Agreement was executed. AUGUSTA FRANCHISE LLC doing business as Augusta Lawn Care Name: Mike Andes Title: Chief Executive Officer Delivery Addresses for Notices: Delivery Address for Notices: Augusta Franchise LLC 8115 Birch Bay Square, Suite 133 Blaine, Washington 98230 Evan M. Goldman, Esquire The Franchise Firm LLP 225 Wilmington West Chester Pike, Suite 200 Chadds Ford, Pennsylvania 19317
AMENDMENT TO THE FRANCHISE DISCLOSURE DOCUMENT REQUIRED BY THE STATE OF VIRGINIA
As to franchises governed by the Virginia Securities and Retail Franchising Act, if any of the terms of the Disclosure Document are inconsistent with the terms below, the terms below control.
- In recognition of the restrictions contained in Section 13.1-564 of the Virginia Securities and Retail Franchising Act, the Franchise Disclosure Document is amended as follows:
Additional Disclosure: The following statements are added to Item 17.h.
Pursuant to Section 13.1-564 of the Virginia Securities and Retail Franchising Act, it is unlawful for a franchisor to cancel a franchise without reasonable cause. If any ground for default or termination stated in the franchise agreement does not constitute "reasonable cause," as that term may be defined in the Virginia Securities and Retail Franchising Act or the laws of Virginia, that provision may not be enforceable.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, several actions are required or contemplated under the Franchise Agreement, particularly concerning termination, transfer, relocation, and adherence to specific state laws. Upon termination of the agreement, a franchisee must cease operating the Augusta Lawn Care business, discontinue using Augusta Lawn Care's marks and systems, and fulfill financial obligations, including paying a fee of at least $5,000 to cover legal and administrative costs. Additionally, the franchisee must return the manual and any other property belonging to Augusta Lawn Care, provide a final accounting, and maintain required records for at least five years. Franchisees must also take steps to remove their listings from directories and assign telephone numbers to Augusta Lawn Care. Failure to comply allows Augusta Lawn Care to act as the franchisee's attorney-in-fact to ensure these steps are completed.
Regarding the transfer of the franchise, the agreement stipulates that franchisees cannot transfer the agreement or any interest in the franchise without prior written consent from Augusta Lawn Care. Augusta Lawn Care may require the franchisee to satisfy all outstanding obligations, not be in default of any agreement, and execute a general release of claims against Augusta Lawn Care. The potential transferee must also meet Augusta Lawn Care's standards for education, management, business acumen, moral character, credit rating, and financial resources. The transferee may be required to enter into a new franchise agreement with potentially different terms, including higher fees and a modified territory, although they will not have to pay an initial franchise fee.
Relocation of the Augusta Lawn Care business is also contemplated, requiring Augusta Lawn Care's prior written consent and adherence to specific conditions. These conditions include being in good standing, executing a new franchise agreement, securing a site that meets Augusta Lawn Care's requirements and is not within another franchisee's territory, and equipping the new location to meet current standards. Franchisees must also execute a general release of claims against Augusta Lawn Care and limit the cessation of business operations to no more than one day for the move.
Furthermore, the Franchise Agreement is subject to amendments required by specific state laws, such as South Dakota and Virginia. For example, in South Dakota, the payment of initial franchise fees may be deferred until Augusta Lawn Care completes its pre-opening obligations and the franchisee commences operations. In Virginia, the agreement is amended to comply with the Virginia Securities and Retail Franchising Act, ensuring that termination clauses adhere to the requirement of "reasonable cause" as defined by Virginia law. These provisions highlight the importance of understanding the full scope of obligations and potential actions under the Augusta Lawn Care Franchise Agreement, as well as the impact of state-specific regulations.