Where will disputes with Augusta Lawn Care be litigated?

Question

Accepted Answer

| Provision |  | Section in | Summary |
|---|---|---|---|
|  |  | Franchise Agreement |  |
| a. Length of the franchise term | Section 4.5.1 |  | Ten (10) years from the Effective Date of the Franchise Agreement. |
| b. Renewal or extension of the term | Section 4.5.2 |  | If you are in good standing, and have met the conditions set forth in row (c), below, you have the right to renew the Franchise Agreement for one (1) successive ten (10) year term with payment of any franchise renewal fee that is in effect at the time of renewal. The current renewal fee is $0. |
| c. Requirements for you to renew or extend | Section 4.5.2 |  | Good standing; timely advance notice; pay any then-current renewal fee; sign new franchise agreement that may contain materially different terms and conditions than the Franchise Agreement in this Disclosure Document; be current in payments; sign release. |
| d. Termination by you | Not Applicable |  | You may terminate under any grounds permitted by law. |
| e. Termination by us without cause | Not Applicable |  |  |
| f. Termination by us with cause | Section 10.2 |  | We can terminate only if you default. |
| g. “Cause” defined – curable defaults | Section 10.2.2 |  | You have 30 days to cure noticed curable defaults other than for non- payment of fees. You have five (5) days to cure non-payment of fees. |
| o. Our option to purchase your business | Section 9.4 | We or our designee may, but are not required to, purchase your inventory and equipment at the lesser of the fair market value or depreciated value, if franchise is terminated for any reason. |  |
| p. Your death or disability | Section 9.5 | Heirs or beneficiaries must demonstrate within 90 days ability to operate franchise. Otherwise, franchise must be assigned by estate to approved buyer within six (6) months. |  |
| Non-competition covenants during the | Not Applicable | Not Applicable |  |
| q. |  |  |  |
| term of the franchise |  |  |  |
| Non-competition covenants after the | Not Applicable | Not Applicable |  |
| r. franchise expires, is terminated, or is not |  |  |  |
| renewed |  |  |  |
| s. Modification of the franchise agreement | Section 11.4 | No modification, generally, unless on consent of both parties, but Operations Manual subject to change. |  |
| t. Integration/merger clause | Section 11.6 | Only the terms of the Franchise Agreement are binding (subject to this Disclosure Document and applicable state law). Any other promises may not be enforceable. |  |
| Dispute resolution by arbitration or u. mediation | Sections 11.7 and 11.8 | Except for certain claims, claims must first be mediated prior to arbitration or litigation. All disputes must be litigated in Washington. The arbitration will occur with each respective party paying their own costs. |  |
| v. Choice of forum | Section 11.2.2 | Arbitration in Whatcom County, Washington, or, if litigated, the Whatcom County District Court, or United States District Court for the Western District of Washington. Subject to applicable state law. |  |
| w. Choice of law | Section 11.2.1 | Washington law applies. Subject to applicable state law. |  |
| o.

Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 35–38)

Where will disputes with Augusta Lawn Care be litigated?

Answer from 2025 FDD Document

What This Means (2025 FDD)

Provision		Section in	Summary
		Franchise Agreement
a. Length of the franchise term	Section 4.5.1		Ten (10) years from the Effective Date of the Franchise Agreement.
b. Renewal or extension of the term	Section 4.5.2		If you are in good standing, and have met the conditions set forth in row (c), below, you have the right to renew the Franchise Agreement for one (1) successive ten (10) year term with payment of any franchise renewal fee that is in effect at the time of renewal. The current renewal fee is $0.
c. Requirements for you to renew or extend	Section 4.5.2		Good standing; timely advance notice; pay any then-current renewal fee; sign new franchise agreement that may contain materially different terms and conditions than the Franchise Agreement in this Disclosure Document; be current in payments; sign release.
d. Termination by you	Not Applicable		You may terminate under any grounds permitted by law.
e. Termination by us without cause	Not Applicable
f. Termination by us with cause	Section 10.2		We can terminate only if you default.
g. “Cause” defined – curable defaults	Section 10.2.2		You have 30 days to cure noticed curable defaults other than for non- payment of fees. You have five (5) days to cure non-payment of fees.
o. Our option to purchase your business	Section 9.4	We or our designee may, but are not required to, purchase your inventory and equipment at the lesser of the fair market value or depreciated value, if franchise is terminated for any reason.
p. Your death or disability	Section 9.5	Heirs or beneficiaries must demonstrate within 90 days ability to operate franchise. Otherwise, franchise must be assigned by estate to approved buyer within six (6) months.
Non-competition covenants during the	Not Applicable	Not Applicable
q.
term of the franchise
Non-competition covenants after the	Not Applicable	Not Applicable
r. franchise expires, is terminated, or is not
renewed
s. Modification of the franchise agreement	Section 11.4	No modification, generally, unless on consent of both parties, but Operations Manual subject to change.
t. Integration/merger clause	Section 11.6	Only the terms of the Franchise Agreement are binding (subject to this Disclosure Document and applicable state law). Any other promises may not be enforceable.
Dispute resolution by arbitration or u. mediation	Sections 11.7 and 11.8	Except for certain claims, claims must first be mediated prior to arbitration or litigation. All disputes must be litigated in Washington. The arbitration will occur with each respective party paying their own costs.
v. Choice of forum	Section 11.2.2	Arbitration in Whatcom County, Washington, or, if litigated, the Whatcom County District Court, or United States District Court for the Western District of Washington. Subject to applicable state law.
w. Choice of law	Section 11.2.1	Washington law applies. Subject to applicable state law.
o.