What is the deadline, following mediation termination, before which an Augusta Lawn Care franchisee is generally prohibited from beginning legal action?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
on 11.2.2 of this Agreement or any other court of competent jurisdiction. Notwithstanding, if any Court of competent jurisdiction, as described herein, determines that a bond or other security is required, You agree that you will not seek bond or security in excess of $10,000 and, in fact, will oppose any effort by a Court to impose a bond or security in excess of $10,000.
11.11 Limitations of Actions
You may not maintain an arbitration against the Franchisor or its Related Parties unless: (a) You deliver written notice of any claim to the other party within one hundred eighty (180) days after the event complained of becomes known to You, or when you should have known of said event had you been reasonably diligent; (b) thereafter, You must follow the negotiation and mediation procedures described above;
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care FDD, a franchisee must file an arbitration within one year after delivering written notice of a claim. This notice must be delivered within 180 days after the event giving rise to the claim becomes known, or should have been known through reasonable diligence.
Prior to initiating any legal action or arbitration, the franchisee must first participate in negotiation and mediation procedures. This suggests that there is a waiting period following the termination of mediation before a franchisee can commence legal action.
These limitations do not apply to Augusta Lawn Care, its affiliates, or related parties. This means that while franchisees face these restrictions, Augusta Lawn Care retains the ability to pursue legal action without the same constraints.
It is important for prospective Augusta Lawn Care franchisees to understand these limitations on legal actions, as they could impact their ability to seek remedies for potential disputes with the franchisor.