Does the Augusta Lawn Care Franchise Agreement include any agreements related to non-disclosure?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
8.4 Confidentiality
You acknowledge and agree that the information, ideas, forms, marketing plans and other materials disclosed to You under this Agreement, whether or not included in the Manual, are confidential and proprietary information and trade secrets of Augusta Lawn Care. Any and all information, knowledge and techniques which Augusta Lawn Care designates as confidential shall be deemed confidential for purposes of this Agreement, except information which You can demonstrate came to Your attention prior to disclosure thereof by Augusta Lawn Care or which, at or after the time of disclosure by Augusta Lawn Care to You, had become or later becomes a part of the public domain, through publication or communication by others. You agree to maintain the confidentiality of all such material. You may not disclose any such information to any third-party, except to Your employees and agents, as necessary in the regular conduct of the Augusta Lawn Care Business, and except as authorized in writing by Augusta Lawn Care. You shall be responsible for requiring compliance of Your Related Parties and employees with the provisions of this Section. You shall obtain signed Nondisclosure, Nonsolicitation and Noncompetition Agreements, in the form of Exhibit E to this Agreement, from Your Related Parties and employees, and send Augusta Lawn Care a copy of each such agreement upon demand.
EXHIBIT F TO AUGUSTA LAWN CARE FRANCHISE AGREEMENT
SAMPLE CONFIDENTIALITY AGREEMENT
This Agreement ("Agreement") is entered into by the undersigned ("you") in favor of Augusta Franchise LLC, a Washington limited liability company, and its renewals and assigns ("us"), upon the terms and conditions set forth in this Agreement.
- Definitions. For purposes of this Agreement, the following terms have the meanings given to them below:
"Augusta Lawn Care Business" means a business that operates a Business providing landscaping and lawn maintenance services of exterior residential and commercial properties, including lawn mowing, leaf and debris cleanup, artificial turf and sod installation and repair, lawn care treatments and fertilizations, grading and excavation, tree trimming and pruning, snow plowing and salting, gutter cleaning, pressure washing, and general "handyman services."
"Copyrights" means all works and materials for which we or our affiliate have secured common law or registered copyright protection and that we allow franchisees to use, sell or display in connection with the marketing and/or operation of an Augusta Lawn Care Business, whether now in existence or created in the future.
"Franchisee" means the Augusta Lawn Care franchisee for whom you are an officer, director, employee or independent contractor.
"Intellectual Property" means, collectively or individually, our Marks, Copyrights, Knowhow and System.
"Know-how" means all of our trade secrets and other proprietary information relating to the development, construction, marketing and/or operation of an Augusta Lawn Care Business, including, but not limited to, methods, techniques, specifications, proprietary practices and procedures, policies, marketing strategies and information comprising the System and the Manual.
"Manual" means our confidential operations manual for the operation of an Augusta Lawn Care Business.
"Marks" means the logotypes, service marks, and trademarks now or hereafter involved in the operation of an Augusta Lawn Care Business, including "Augusta Lawn Care", and any other trademarks, service marks or trade names that we designate for use by an Augusta Lawn Care
Source: Item 22 — CONTRACTS (FDD pages 43–44)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, the Franchise Agreement includes provisions for non-disclosure. Specifically, Section 8.4 addresses confidentiality, stating that information disclosed to the franchisee, such as ideas, forms, marketing plans, and other materials, including those in the Manual, are confidential and proprietary trade secrets of Augusta Lawn Care. This excludes information the franchisee already knew or that becomes public through other means. The franchisee must maintain the confidentiality of this material and cannot disclose it to third parties, except to their employees and agents as necessary for the Augusta Lawn Care Business, or as authorized in writing by Augusta Lawn Care.
Furthermore, Augusta Lawn Care requires franchisees to ensure their related parties and employees comply with these confidentiality provisions. Franchisees must obtain signed Nondisclosure, Nonsolicitation, and Noncompetition Agreements, using the form provided as Exhibit E to the Franchise Agreement, from their related parties and employees. A copy of each agreement must be sent to Augusta Lawn Care upon request.
In addition to the confidentiality clause within the Franchise Agreement, there is also a sample confidentiality agreement included as Exhibit F to the Augusta Lawn Care Franchise Agreement. This agreement outlines definitions related to the Augusta Lawn Care Business, Copyrights, Franchisee, Intellectual Property, Know-how, Manual, and Marks, further emphasizing the importance of protecting proprietary information.