What is the agreement's stance on the need for a bond when Augusta Lawn Care seeks injunctive relief?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
any fee due to Augusta Lawn Care under this Agreement; and/or (b) any claim by Augusta Lawn Care or its affiliate relating to use of the Proprietary Marks and/or the System, including, without limitation, claims for violations of the Lanham Act; and/or (c) any claim by Augusta Lawn Care relating to a breach of your confidentiality obligations under this Agreement.
11.10 Injunctive Remedy for Breach
You recognize that You are a member of a Franchise Network and that Your acts and omissions may have a positive or negative effect on the success of other businesses operating under Augusta
Lawn Care's Trade Name and in association with its Marks. Failure on the part of a single franchisee to comply with the terms of its franchise agreement is likely to cause irreparable damage to Augusta Lawn Care and to some or all of the other franchisees of Augusta Lawn Care. For this reason, You agree that if Augusta Lawn Care can demonstrate to a court of competent jurisdiction that there is a substantial likelihood of Your breach or threatened breach of any of the terms of this Agreement, Augusta Lawn Care will be entitled to an injunction restraining the breach or to a decree of specific performance, without showing or proving any actual damage and without the necessity of posting bond or other security, any bond or other security being waived hereby. Franchisor has the exclusive right to seek relief pursuant to this section in a court of competent jurisdiction as defined in section 11.2.2 of this Agreement or any other court of competent jurisdiction. Notwithstanding, if any Court of competent jurisdiction, as described herein, determines that a bond or other security is required, You agree that you will not seek bond or security in excess of $10,000 and, in fact, will oppose any effort by a Court to impose a bond or security in excess of $10,000.
11.11 Limitations of Actions
You may not maintain an arbitration against the Franchisor or its Related Parties unless: (a) You deliver written notice of any claim to the other party within one hundred eighty (180) days after the event complained of becomes known to You, or when you should have known of said event had you been reasonably diligent;
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, the franchise agreement addresses the need for a bond when Augusta Lawn Care seeks injunctive relief for a franchisee's breach of contract. Generally, Augusta Lawn Care can seek an injunction without needing to post a bond or security. The franchisee agrees to waive the necessity of a bond.
However, if a court requires a bond despite this waiver, the agreement stipulates that the franchisee will not seek a bond or security exceeding $10,000 and will actively oppose any effort by the court to impose a bond or security greater than $10,000.
In specific situations, Augusta Lawn Care is entitled to injunctive relief with a bond limited to $10,000. These situations include issues related to the franchisee's use of Augusta Lawn Care's marks, confidentiality covenants, obligations upon termination or expiration of the franchise, or transfer or assignment by the franchisee. This means that while Augusta Lawn Care aims to avoid posting a bond, the maximum bond amount is capped at $10,000 in certain circumstances.