Does the definition of 'Marks' for Augusta Lawn Care include service marks?

According to the 2025 Augusta Lawn Care Franchise Disclosure Document, the definition of "Marks" includes service marks. The FDD specifies that "Marks" encompasses logotypes, service marks, and trademarks involved in the operation of an Augusta Lawn Care business. This definition extends to the brand name "Augusta Lawn Care" itself, as well as any other trademarks, service marks, or trade names that Augusta Lawn Care designates for use by its franchisees.

This definition is important for prospective franchisees because it clarifies the scope of intellectual property that Augusta Lawn Care licenses to them. Franchisees are permitted to use these Marks in the operation of their Augusta Lawn Care business, subject to the terms and conditions outlined in the franchise agreement and the operations manual. However, franchisees are also obligated to protect these Marks and refrain from any actions that could damage them or the goodwill associated with them.

Augusta Lawn Care retains the right to change its Trade Name and Marks and the specifications for each when Augusta Lawn Care believes that such changes will benefit the Franchise Network. Franchisees are responsible for conforming to any such changes at their own expense. This highlights the importance of franchisees staying updated with any changes or modifications to the Marks as directed by Augusta Lawn Care to maintain brand consistency and avoid potential legal issues.

Furthermore, Augusta Lawn Care maintains exclusive control over any legal proceedings or settlements concerning the Marks. While Augusta Lawn Care is not required to defend franchisees against claims arising from their use of the Marks, they will indemnify and hold franchisees harmless from expenses reasonably incurred in legal proceedings, provided the franchisee's use is in accordance with the agreement and they notify Augusta Lawn Care of any infringement in a timely manner. This underscores the importance of franchisees adhering to the guidelines set forth by Augusta Lawn Care regarding the use of the Marks and promptly reporting any potential infringements to ensure they are protected under the franchise agreement.