What data security standards must an Augusta Lawn Care franchisee comply with?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
INCLUDING WITHOUT LIMITATION, ANY DAMAGES ASSOCIATED WITH LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF DATA OR LOSS OF PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPUTER SYSTEM OR ITS USE.**
7.2.9 Data Security
You shall use your best efforts to protect your customers against any and all data breaches and cyber-events, including, without limitation, identity theft or theft of personal information (a "Data Security Breach"). If a Data Security Breach occurs, in the interest of protecting the goodwill associated with the Augusta Lawn Care brand and franchise system, Augusta Lawn Care hereby reserves the right to (but does not undertake the obligation to) directly or through its designee, perform or control any and all aspects of the response to such Data Security Breach, including, without limitation, the investigation, containment and resolution of the event and all communications with the franchise system, vendors and suppliers, customers, law enforcement agencies, regulatory authorities and the general public. You hereby acknowledge and agree that a Data Security Breach and/or any response to a Data Security Breach may impact operations of the Business, including, without limitation, interruption in operations. You hereby acknowledge and agree that neither Augusta Lawn Care nor any of its parents, affiliates, subsidiaries, owners, officers, directors, or employees shall be liable to You for any damages arising out of or resulting from any Data Security Breach or any action or inaction in response to a Data Security Breach. You shall at all times be compliant with all Payment Card Industry Data Security Standards, any and all requirements imposed by all applicable payment processors and payment networks, including credit card and debit card processors, and any and all state and federal laws, rules and regulations relating to data privacy, data security and security breaches. You hereby acknowledge and agree that if Augusta Lawn Care engages or designates a third party service provider to administer a data security program, you will be required to comply with the requirements of such service provider. It is your responsibility to ensure that you operate the Business at all times in compliance with all aforementioned laws, rules, regulations and requirements and you are strongly encouraged to engage legal, and data security professionals, including insurance providers to ensure your full compliance and adequate protection.
7.3 Management and Personnel
You are not required to devote a minimum number of hours to the management and operation of Your Augusta Lawn Care Business. However, another employee who has successfully completed Augusta Lawn Care initial training program shall be present at the Business whenever the Augusta Lawn Care Business is open for business. You shall maintain, at all times, a staff of competent conscientious and trained employees sufficient to operate the Augusta Lawn Care Business in compliance with Augusta Lawn Care's standards. Augusta Lawn Care does not direct or control labor or employment matters for You or Your employees, or for any of Augusta Lawn Care's franchisees and/or their employees. Augusta Lawn Care may make suggestions and may provide guidance relating to such matters; however it is entirely Your responsibility to determine whether
to adopt, follow and/or implement any of our suggestions or guidance. Notwithstanding anything contained in this Agreement to the contrary, mandatory specifications, standards and operating procedures including as set forth in any manual, do not include the terms or conditions of employment for any of your employees, nor do they include mandated or required personnel policies or procedures.
7.4 Advertising
Recognizing the value of advertising, marketing, and promotion, and the importance of the standardization of advertising, marketing, and promotion programs to the furtherance of the goodwill and public image of the System, the parties agree as follows:
7.4.1 Intentionally Omitted.
7.4.2 Websites
Unless otherwise approved in writing by Augusta Lawn Care, You shall not establish a separate Website.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, franchisees must exert their best effort to protect customer data against breaches and cyber events, including identity theft and personal information theft. Augusta Lawn Care retains the right to manage the response to any data security breach to protect the brand's goodwill. Franchisees are responsible for complying with Payment Card Industry Data Security Standards, requirements from payment processors and networks, and all state and federal laws related to data privacy, security, and breaches.
If Augusta Lawn Care designates a third-party service provider to manage data security, franchisees must comply with that provider's requirements. Franchisees are encouraged to seek legal and data security professionals to ensure compliance and protection. Augusta Lawn Care is not liable for damages resulting from data security breaches or responses to such breaches.
Augusta Lawn Care also requires franchisees to purchase and maintain a designated computer and point-of-sale (POS) system for business operations and reporting. Franchisees must update and upgrade the POS system as directed by Augusta Lawn Care and comply with their requirements for data maintenance, training, storage, and safeguarding. Augusta Lawn Care has the right to independently access any information on the franchisee's POS system at any time without prior notice and use this information as they determine, including in their Franchise Disclosure Document and sharing financial statements with other franchisees.