Does the Augusta Lawn Care franchise agreement grant the franchisee an exclusive license to the Marks?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- (f) The right and license of the Marks granted hereunder to You is non-exclusive, and Augusta Lawn Care thus has and retains the rights, among others:
- i. to use the Marks itself in connection with selling services, products and other;
- ii. to grant other licenses for the Marks, in addition to those licenses already granted to existing franchisees;
- iii. to develop and establish other systems using the same or similar Marks, or any other proprietary marks, and to grant licenses or franchises thereto without providing any rights therein to You; and
- iv. to, from time-to-time, modify or delete existing Marks upon notice to You. You have absolutely no right to use any specific deleted mark owned or controlled by Augusta Lawn Care or its Affiliates.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, the franchise agreement does not grant franchisees an exclusive license to use the Marks. The Marks include logotypes, service marks, and trademarks involved in the operation of an Augusta Lawn Care business, including "Augusta Lawn Care."
Augusta Lawn Care retains the right to use the Marks themselves for selling services and products, grant other licenses for the Marks to additional franchisees, develop other systems using the same or similar Marks, and modify or delete existing Marks with notice to the franchisee. The franchisee has no right to use any specific deleted mark owned or controlled by Augusta Lawn Care or its affiliates.
This non-exclusive license means that Augusta Lawn Care can authorize other franchisees or even use the Marks themselves within the same market area as a franchisee. This could potentially lead to increased competition for the franchisee. Prospective franchisees should consider the implications of a non-exclusive license on their business and market when evaluating the Augusta Lawn Care franchise opportunity.