Does Augusta Lawn Care have control over the hiring and termination of an Augusta Lawn Care franchisee's employees?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
It is expressly agreed that the parties intend by this Agreement to establish between you and Augusta Lawn Care the relationship of franchisee and franchisor. It is further agreed that you have no authority to create or assume in Augusta Lawn Care's name or on Augusta Lawn Care's behalf any obligation express or implied or to act or purport to act as agent or representative on our behalf for any purpose whatsoever. Neither you nor Augusta Lawn Care is the employer, employee, agent, partner, fiduciary or co-venturer, of or with the other, each being independent. All employees and agents hired or engaged by or working for you will be only the employees or agents of yours and will not, for any purpose be deemed employees or agents of Augusta Lawn Care nor subject to Augusta Lawn Care's control. Augusta Lawn Care has no authority to exercise control over the hiring or termination of your employees, independent contractors, agents or others who work for you, their compensation, working hours or conditions, or their day-to-day activities, except to the extent necessary to protect the brand and the Marks.
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 does not have authority over the hiring and termination of a franchisee's employees. The FDD states that all employees hired by the franchisee are only employees of the franchisee and are not subject to Augusta Lawn Care's control.
The agreement specifies that Augusta Lawn Care has no authority to exercise control over the hiring or termination of a franchisee's employees, independent contractors, agents, or others who work for the franchisee. This extends to their compensation, working hours or conditions, or their day-to-day activities, except to the extent necessary to protect the brand and the Marks.
This arrangement is typical in many franchise systems, where franchisees operate as independent business owners. While Augusta Lawn Care may offer suggestions and guidance related to labor and employment matters, the franchisee has the ultimate responsibility to determine whether to adopt or implement any of those suggestions. This independence allows the franchisee to manage their business and personnel in a way that best suits their local market and business needs.