Can Augusta Lawn Care deny a franchisee's request to use a non-approved supplier?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Augusta Lawn Care has the absolute right to limit the suppliers with whom you may deal. Augusta Lawn Care reserves the right to act as the only approved supplier for some or all of the Approved Products and Services and products You will purchase for Your Augusta Lawn Care Business. Augusta Lawn Care reserves the right to charge a mark-up on any product or service sold to You. In advising You of suppliers who meet its standards and specifications, Augusta Lawn Care expressly disclaims any warranties or representations as to the condition of the goods or services sold by the suppliers, including, without limitation, expressed or implied warranties as to merchantability or fitness for any intended purpose. You agree to look solely to the manufacturer or the supplier of equipment or services for the remedy for any defect in the goods or services. Augusta Lawn Care reserves the right to change the list of approved suppliers from time-to-time, in its sole and absolute discretion.
Augusta Lawn Care may receive payments and/or other compensation from approved suppliers in any form on account of such suppliers dealing with You and/or other franchisees, and Augusta Lawn Care may use all amounts so received for any purpose Augusta Lawn Care deems appropriate. You acknowledge and agree that Augusta Lawn Care shall have the right to collect and retain all manufacturing allowances, marketing allowances, rebates, credits, monies, payments, or benefits (collectively. Allowances") offered by suppliers to You or to Augusta Lawn Care or its affiliates based upon Your purchases of Proprietary Services, products and other goods and services. You assign to Augusta Lawn Care or its designee all of Your right, title and interest in, and to any and all such Allowances and authorize Augusta Lawn Care or its designee to collect and retain any or all such Allowances without restriction.
Augusta Lawn Care may, from time-to-time, revoke its approval of particular items, services, products or suppliers if Augusta Lawn Care determines, in its sole and absolute discretion. Upon receipt of notice of such revocation, You shall cease to offer, sell or use any disapproved item, products or services and You shall immediately cease to purchase from any disapproved supplier.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, Augusta Lawn Care has the authority to limit the suppliers a franchisee can work with. Augusta Lawn Care maintains the right to be the sole approved supplier for certain products and services franchisees will purchase for their Augusta Lawn Care business. This means that Augusta Lawn Care can deny a franchisee's request to use a non-approved supplier.
Augusta Lawn Care also reserves the right to charge a mark-up on any product or service sold to the franchisee. While Augusta Lawn Care may advise franchisees on suppliers that meet their standards, they disclaim any warranties regarding the condition of goods or services provided by these suppliers. The franchisee is responsible for seeking remedies for any defects directly from the manufacturer or supplier.
Augusta Lawn Care may receive compensation from approved suppliers for the franchisee's dealings with them and can use these amounts for any purpose they deem appropriate. Augusta Lawn Care also has the right to collect and retain all manufacturing allowances, marketing allowances, rebates, credits, monies, payments, or benefits offered by suppliers based on the franchisee's purchases. The franchisee assigns all rights to these allowances to Augusta Lawn Care, allowing Augusta Lawn Care to collect and retain them without restriction.
Augusta Lawn Care can revoke approval of particular items, services, products, or suppliers at its discretion. Upon receiving notice of such revocation, the franchisee must immediately stop offering, selling, or using any disapproved items, products, or services and cease purchasing from any disapproved supplier. This gives Augusta Lawn Care significant control over the supply chain and product offerings within the franchise system.