Who has the exclusive right to seek relief for a breach of the Augusta Lawn Care franchise agreement?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
any fee due to Augusta Lawn Care under this Agreement; and/or (b) any claim by Augusta Lawn Care or its affiliate relating to use of the Proprietary Marks and/or the System, including, without limitation, claims for violations of the Lanham Act; and/or (c) any claim by Augusta Lawn Care relating to a breach of your confidentiality obligations under this Agreement.
11.10 Injunctive Remedy for Breach
You recognize that You are a member of a Franchise Network and that Your acts and omissions may have a positive or negative effect on the success of other businesses operating under Augusta
Lawn Care's Trade Name and in association with its Marks. Failure on the part of a single franchisee to comply with the terms of its franchise agreement is likely to cause irreparable damage to Augusta Lawn Care and to some or all of the other franchisees of Augusta Lawn Care. For this reason, You agree that if Augusta Lawn Care can demonstrate to a court of competent jurisdiction that there is a substantial likelihood of Your breach or threatened breach of any of the terms of this Agreement, Augusta Lawn Care will be entitled to an injunction restraining the breach or to a decree of specific performance, without showing or proving any actual damage and without the necessity of posting bond or other security, any bond or other security being waived hereby. Franchisor has the exclusive right to seek relief pursuant to this section in a court of compete
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, Augusta Lawn Care has the exclusive right to seek injunctive relief for a breach of the franchise agreement. This means that only Augusta Lawn Care can go to court to request an injunction, which is a court order that would require the franchisee to stop the breaching behavior.
Augusta Lawn Care can seek an injunction or a decree of specific performance if they can demonstrate to a court that there is a substantial likelihood of a breach or threatened breach of the franchise agreement. They do not need to show or prove any actual damage to obtain this injunction, and they are not required to post a bond or other security. However, if a court determines that a bond or other security is required, the franchisee agrees not to seek a bond or security exceeding $10,000.
This clause highlights the importance of franchisees adhering to the terms of the franchise agreement. Failure to do so could result in legal action by Augusta Lawn Care, potentially leading to a court order that dictates how the franchisee must operate their business. The franchisee also waives certain rights, such as requiring Augusta Lawn Care to post a bond, which could limit the franchisee's legal recourse in the event of a dispute.