Can the Augusta Lawn Care franchise agreement be modified?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in | Summary | |
|---|---|---|---|
| Franchise Agreement | |||
| a. Length of the franchise term | Section 4.5.1 | Ten (10) years from the Effective Date of the Franchise Agreement. | |
| b. Renewal or extension of the term | Section 4.5.2 | If you are in good standing, and have met the conditions set forth in row (c), below, you have the right to renew the Franchise Agreement for one (1) successive ten (10) year term with payment of any franchise renewal fee that is in effect at the time of renewal. The current renewal fee is $0. | |
| c. Requirements for you to renew or extend | Section 4.5.2 | Good standing; timely advance notice; pay any then-current renewal fee; sign new franchise agreement that may contain materially different terms and conditions than the Franchise Agreement in this Disclosure Document; be current in payments; sign release. | |
| d. Termination by you | Not Applicable | You may terminate under any grounds permitted by law. | |
| e. Termination by us without cause | Not Applicable | ||
| f. Termination by us with cause | Section 10.2 | We can terminate only if you default. | |
| g. “Cause” defined – curable defaults | Section 10.2.2 | You have 30 days to cure noticed curable defaults other than for non- payment of fees. You have five (5) days to cure non-payment of fees. | |
| o. Our option to purchase your business | Section 9.4 | We or our designee may, but are not required to, purchase your inventory and equipment at the lesser of the fair market value or depreciated value, if franchise is terminated for any reason. | |
| p. Your death or disability | Section 9.5 | Heirs or beneficiaries must demonstrate within 90 days ability to operate franchise. Otherwise, franchise must be assigned by estate to approved buyer within six (6) months. | |
| Non-competition covenants during the | Not Applicable | Not Applicable | |
| q. | |||
| term of the franchise | |||
| Non-competition covenants after the | Not Applicable | Not Applicable | |
| r. franchise expires, is terminated, or is not | |||
| renewed | |||
| s. Modification of the franchise agreement | Section 11.4 | No modification, generally, unless on consent of both parties, but Operations Manual subject to change. |
Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 35–38)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, the franchise agreement can generally not be modified unless both parties consent. Section 11.4 of the agreement outlines this condition. However, the Operations Manual is subject to change by Augusta Lawn Care. This means that while the core agreement is relatively fixed, Augusta Lawn Care retains the right to update operational procedures and standards as detailed in the Operations Manual.
This provision is typical in franchising, as it allows the franchisor to maintain consistency and adapt to changing market conditions or improved operational methods across the franchise system. The franchisee is bound by the Operations Manual, so it is important to understand that changes can and will likely occur during the term of the franchise agreement.
Prospective Augusta Lawn Care franchisees should carefully review Section 11.4 of the franchise agreement to fully understand the implications of these terms. While the agreement itself is difficult to modify, the Operations Manual, which dictates many aspects of day-to-day business, is subject to change by Augusta Lawn Care. Franchisees should stay informed of any updates to the Operations Manual and understand how those changes may affect their business operations.