What is the agreement's stance on the adequacy of legal remedies for breaches of the Augusta Lawn Care agreement?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
sively showing that you did not disclose the Know-how to the family member.
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- Covenants Reasonable. You acknowledge and agree that: (i) the terms of this Agreement are reasonable both in time and in scope of geographic area; and (ii) you have sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Agreement. YOU HEREBY WAIVE ANY RIGHT TO CHALLENGE THE TERMS OF THIS AGREEMENT AS BEING OVERLY BROAD, UNREASONABLE OR OTHERWISE UNENFORCEABLE.
- Breach. You agree that failure to comply with the terms of this Agreement will cause substantial and irreparable damage to us and/or other Augusta Lawn Care franchisees for which there is no adequate remedy at law. Therefore, you agree that any violation of the terms of this Agreement will entitle us to injunctive relief. You agree that we may apply for such injunctive relief, without bond, but upon due notice, in addition to such further and other relief as may be available at equity or law, and the sole remedy of yours, in the event of the entry of such injunction, will be the dissolution of such injunction, if warranted, upon hearing duly held (all claims for damages by reason of the wrongful issuance of any such injunction being expressly waived hereby). If a court requires the filing of a bond notwithstanding the preceding sentence, the parties agree that the amount of the bond shall not exceed $1,000. None of the remedies available to us under this Agreement are exclusive of any other, but may be combined with others under this Agreement, or at law or in equity, including injunctive relief, specific performance and recovery of monetary damages. Any claim, defense or cause of action that you may have against us or against Franchisee, regardless of cause or origin, cannot be used as a defense against our enforcement of this Agreement.
7. Miscellaneous.
- a. If we hire an attorney or file suit against you because you have breached this Agreement and prevail against you, you agree to pay our reasonable attorney fees and costs in doing so.
- b. This Agreement will be governed by, construed and enforced under the laws of Washington and the courts in that state shall have jurisdiction over any legal proceedings arising out of this Agreement.
- c. Each section of this Agreement, including each subsection and portion thereof, is severable. In the event that any section, subsection or portion of this Agreement is unenforceable, it shall not affect the enforceability of any other section, subsection or portion; and each party to this Agreement agrees that the court may impose such limitations on the terms of this Agreement as it deems in its discretion necessary to make such terms enforceable.
EXECUTED on the date stated below.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, Augusta Lawn Care asserts that breaches of the franchise agreement would cause substantial and irreparable damage for which monetary compensation would not be an adequate remedy. Therefore, Augusta Lawn Care is entitled to seek injunctive relief against a franchisee for violations of the agreement's terms. The franchisee consents to Augusta Lawn Care applying for injunctive relief without being required to post a bond, although with due notice. If a court requires a bond, the parties agree that it will not exceed $1,000. The franchisee's sole remedy if an injunction is issued is to seek its dissolution. The agreement explicitly states that the franchisee waives all claims for damages resulting from the wrongful issuance of an injunction.
Augusta Lawn Care retains the right to combine any remedies available to them under the agreement, at law, or in equity, including injunctive relief, specific performance, and monetary damages. The agreement specifies that any claims, defenses, or causes of action the franchisee may have against Augusta Lawn Care cannot be used as a defense against Augusta Lawn Care's enforcement of the agreement. This means a franchisee cannot withhold compliance with the franchise agreement even if they believe Augusta Lawn Care has acted improperly.
Furthermore, the franchise agreement emphasizes the importance of each franchisee's compliance, as a single franchisee's failure to comply with the terms of their agreement can cause irreparable damage to Augusta Lawn Care and its other franchisees. Therefore, if Augusta Lawn Care can demonstrate to a court that there is a substantial likelihood of a franchisee's breach, Augusta Lawn Care is entitled to an injunction or a decree of specific performance. In such cases, Augusta Lawn Care does not need to show or prove actual damage, and the franchisee waives the necessity of Augusta Lawn Care posting a bond or other security. If a court requires a bond, the franchisee agrees not to seek a bond exceeding $10,000 and will oppose any effort to impose a bond exceeding that amount.