Is Augusta Lawn Care allowed to operate an Augusta Lawn Care Business within my Approved Territory?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
in any other business at the Approved Location without the prior written consent of Augusta Lawn Care.
4.2 Approved Territory
During the term of this Agreement, and except as otherwise provided in this Agreement, Augusta Lawn Care agrees that it shall not establish, nor license any other person to establish another Augusta Lawn Care Business at any physical location within Your Approved Territory. You have no exclusivity. You have no right to exclude development of concepts owned, franchised, or licensed by Augusta Lawn Care or its affiliates. Additionally, although no other Augusta Lawn Care Business may operate at any physical location in your Territory, Augusta Lawn Care and other Augusta Lawn Care franchisees may service clients in your Territory, so long as Augusta Lawn Care and other Augusta Lawn Care franchisees do not advertise or market in your Territory.
To the extent you do not receive an exclusive or semi-exclusive Territory, and another franchisee purchases an exclusive territory in the area in which you operate, you agree to relinquish the rights to acquire new customers in that territory once it becomes another franchisee's Territory.
4.3 Rights Reserved
Augusta Lawn Care retains all rights that are not expressly granted to you under this Agreement. Without limiting this broad retention, and without granting You any rights therein, Augusta Lawn Care shall have the right to:
- (a) Operate an Augusta Lawn Care concept at a trade show booth, or similar temporary location, within Your Approved Territory for up to fifteen (15) consecutive days;
- (b) Offer Augusta Lawn Care franchises to others for any site outside Your Approved Territory regardless of how close the site is to Your Approved Territory;
- (c) Sell, rent and distribute any Proprietary Services directly or indirectly, and/or license others to sell and distribute, any Proprietary Services, directly or indirectly, from any location to any purchaser (including, but not limited to, sales made to purchasers in the Approved Territory through retail establishments, mail order, independent distributors, wholesale distribution, phone order, and on the Internet, and/or sales to delivery customers), except that Augusta Lawn Care shall not do so from an Augusta Lawn Care Business inside the Approved Territory;
- (d) Develop, operate, and franchise others to operate, any business concept except an Augusta Lawn Care Business at any place, including within the Approved Territory, and use the Marks or any other trademarks owned, licensed, or developed by Augusta Lawn Care or its Affiliates in connection with those concepts, even if such concepts sell products and services similar to, the same as or competitive with, the Proprietary Services;
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 generally agrees not to establish or license another Augusta Lawn Care Business at a physical location within your approved territory during the term of the agreement. However, this is subject to exceptions outlined in the agreement. Franchisees do not receive exclusive territories.
Augusta Lawn Care retains specific rights, including the right to operate an Augusta Lawn Care concept at a trade show booth or similar temporary location within your approved territory for up to 15 consecutive days. They can also sell, rent, and distribute proprietary services directly or indirectly to purchasers in your approved territory through various channels, but not from an Augusta Lawn Care Business inside the approved territory. Augusta Lawn Care also retains the right to develop, operate, and franchise other business concepts (excluding an Augusta Lawn Care Business) within your territory, even if they compete with the proprietary services.
Furthermore, Augusta Lawn Care and other Augusta Lawn Care franchisees may service clients in your territory, provided they do not advertise or market within your territory. If you do not have an exclusive or semi-exclusive territory and another franchisee purchases an exclusive territory in your area, you must relinquish the rights to acquire new customers in that territory once it becomes the other franchisee's territory. These stipulations highlight that while direct competition from another physical Augusta Lawn Care franchise is restricted, Augusta Lawn Care retains considerable freedom to operate and license other concepts, and other franchisees can still serve clients in your territory.