Besides operating an Augusta Lawn Care business, can I use the Know-how in any other business or capacity?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
"Marks" means the logotypes, service marks, and trademarks now or hereafter involved in the operation of an Augusta Lawn Care Business, including "Augusta Lawn Care", and any other trademarks, service marks or trade names that we designate for use by an Augusta Lawn Care
Business. The term "Marks" also includes any distinctive trade dress used to identify an Augusta Lawn Care Business, whether now in existence or hereafter created.
"System" means our system for the establishment, development, operation and management of an Augusta Lawn Care Business, including Know-How, proprietary programs and products, confidential operations manuals and operating system.
-
- Background.
You are an employee or independent contractor of Franchisee.
As a result of this association, you may gain knowledge of our System and Know-how.
You understand that protecting the Intellectual Property is vital to our success and that of our franchisees and that you could seriously jeopardize our entire franchise system if you were to unfairly compete with us.
In order to avoid such damage, you agree to comply with the terms of this Agreement.
-
- Know-How and Intellectual Property.
You agree: (i) you will not use the Knowhow in any business or capacity other than Augusta Lawn Care Business operated by Franchisee; (ii) you will maintain the confidentiality of the Know-how at all times; (iii) you will not make unauthorized copies of documents containing any Know-how; (iv) you will take such reasonable steps as we may ask of you from time-to-time to prevent unauthorized use or disclosure of the Know-how; and (v) you will stop using the Know-how immediately if you are no longer an officer, director, employee or independent contractor of Franchisee.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, if you are an employee or independent contractor of a franchisee, you are restricted from using the brand's know-how in any business or capacity other than the Augusta Lawn Care Business operated by the franchisee. The FDD defines "Know-how" as all of Augusta Lawn Care's trade secrets and other proprietary information relating to the development, construction, marketing and/or operation of an Augusta Lawn Care Business, including, but not limited to, methods, techniques, specifications, proprietary practices and procedures, policies, marketing strategies and information comprising the System and the Manual.
This restriction is in place to protect Augusta Lawn Care's intellectual property and maintain the integrity of its franchise system. The agreement emphasizes that protecting the Intellectual Property is vital to the success of Augusta Lawn Care and its franchisees, and any unfair competition could seriously jeopardize the entire franchise system.
As an employee or independent contractor, you must also maintain the confidentiality of the Know-how at all times, avoid making unauthorized copies of documents containing Know-how, and take reasonable steps to prevent unauthorized use or disclosure of the Know-how. These obligations continue only as long as you are associated with the Augusta Lawn Care franchisee. If you cease to be an officer, director, employee, or independent contractor of the franchisee, you must immediately stop using the Know-how.