Can the cure period for an Augusta Lawn Care franchisee default be longer than 30 days?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Under this Section 10.2.3, Augusta Lawn Care may terminate this Agreement only by giving written notice of termination stating the nature of such default to You at least thirty (30) days prior to the effective date of termination; provided, however, that You may avoid termination by immediately initiating a remedy to cure such default, curing it to Augusta Lawn Care's satisfaction, and by promptly providing proof thereof to Augusta Lawn Care within the thirty (30) day period. If any such default is not cured within the specified time, or such longer period as applicable law may require, this Agreement shall terminate without further notice to You effective immediately upon the expiration of the thirty (30) day period or such longer period as applicable law may require.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, under certain circumstances, the cure period for a franchisee default can extend beyond 30 days. Specifically, if a franchisee defaults on obligations outlined in the franchise agreement, Augusta Lawn Care typically provides a 30-day notice to cure the default.
However, the agreement stipulates an exception: if applicable law requires a longer period to cure the default, the termination will not be effective until that extended period has passed. This means that depending on the specific laws governing franchise agreements in the franchisee's location, the franchisee may have more than 30 days to correct the default and avoid termination.
This provision offers a potential benefit to franchisees, as it provides additional time to address and resolve any issues leading to the default, in accordance with local legal requirements. Prospective franchisees should consult with legal counsel to understand the specific laws in their jurisdiction that may affect the cure period.