How can an employee rebut the presumption that they disclosed Augusta Lawn Care's Know-how to a family member?

According to Augusta Lawn Care's 2025 Franchise Disclosure Document, if a member of an employee's immediate family uses or discloses Augusta Lawn Care's Know-how, the employee is presumed to have violated the terms of their agreement. Immediate family members are defined as spouse, parent, sibling, child, or grandchild. This presumption exists because it would be difficult for Augusta Lawn Care to prove whether the employee disclosed the Know-how to family members.

However, the employee can challenge this presumption. To do so, the employee must furnish evidence that conclusively shows they did not disclose the Know-how to the family member. The FDD does not specify what form this evidence must take, but it must be strong enough to conclusively prove that no disclosure occurred.

This clause highlights the importance of maintaining confidentiality, not only for the employee but also within their immediate family. It places a burden on the employee to actively ensure that family members do not gain access to or utilize Augusta Lawn Care's confidential information. Prospective franchisees should discuss with Augusta Lawn Care what types of evidence would be sufficient to rebut the presumption of disclosure.