Who has exclusive control over settlements concerning Augusta Lawn Care trademarks?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 13: TRADEMARKS]
You must notify us immediately when you learn about an infringement of or challenge to your use of our trademarks. We will take the action we think is appropriate in these situations, and we have exclusive control over any settlement or proceeding concerning any Mark. You must take actions that, in the opinion of our counsel, may be advisable to protect and maintain our interests in any proceeding or to otherwise protect and maintain our interests in the Marks. While we are not required to defend you against a claim arising from your use of our Marks, we will indemnify and hold you harmless from all of your expenses reasonably incurred in any legal proceeding disputing your authorized use of any Mark in accordance with the Franchise Agreement and the Operations Manual, but only if you notify us of the proceeding in a timely manner and you have complied with our directions with regard to the proceeding. We have the right to control the defense and settlement of any proceeding. We will not reimburse you for your expenses and legal fees for separate, independent legal counsel and for expenses in removing signage or discontinuing your use of any Mark. We will not reimburse you for disputes where we challenge your use of a Mark.
You must promptly notify us in writing of any claim, demand, or suit against you or your principals in connection with your use of the Marks. We have the right to select legal counsel and to control the proceedings. In certain cases, as described in Section 8.5 of the Franchise Agreement, we will indemnify and hold you harmless.
Source: Item 13 — TRADEMARKS (FDD pages 28–30)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, Augusta Lawn Care retains exclusive control over any settlement or proceeding concerning its trademarks. This means that if there is an infringement or challenge to the use of Augusta Lawn Care's trademarks, the company, not the franchisee, decides on the appropriate course of action, including settlements.
As an Augusta Lawn Care franchisee, you are required to notify Augusta Lawn Care immediately if you become aware of any infringement or challenge to the use of their trademarks. While Augusta Lawn Care is not required to defend you against claims arising from your use of their marks, they will indemnify and hold you harmless from all expenses reasonably incurred in any legal proceeding disputing your authorized use of any Mark in accordance with the Franchise Agreement and the Operations Manual, provided you notify them in a timely manner and comply with their directions regarding the proceeding. Augusta Lawn Care also has the right to control the defense and settlement of any proceeding.
However, Augusta Lawn Care will not reimburse you for expenses related to separate legal counsel, removing signage, discontinuing the use of any Mark, or disputes where Augusta Lawn Care challenges your use of a Mark. Franchisees must also promptly notify Augusta Lawn Care in writing of any claim, demand, or suit against them or their principals related to the use of the Marks, and Augusta Lawn Care has the right to select legal counsel and control the proceedings. This is a fairly standard arrangement in franchising, as the franchisor needs to protect its brand and trademark rights consistently across all franchise locations.