Is an Augusta Lawn Care franchisee guaranteed an exclusive territory?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Business within your Territory.
The Approved Location of a single franchise will be at the center of the Territory, composed of a circle having a radius of five (5) miles or up to a population of approximately 100,000 people. You will not receive an exclusive territory. You may face competition from other franchisees, from outlets that we own, or from other channels of distribution or competitive brands that we control.
We grant you a franchise for a specific Approved Location within the Territory. The site may not be changed without our written approval and compliance with our relocation procedures, and you may not operate out of any site other than the approved site within the Territory without our written approval. We may allow you to move your site on a case-by-case basis.
During the term of your franchise, your Territory may not be modified except by a written agreement between you and us. On renewal or transfer of your franchise, the Territory may be modified. Depending on the then-current demographics of the Territory, and on our then-current standards for territories, if the Territory is larger than our then-current standard Territory, we may require you or the transferee to accept a renewal Territory or a transfer Territory smaller than the Territory.
You may receive a Territory that restricts us from establishing or operating, or granting any person other than you the right to establish or operate, an Augusta Lawn Care Business at any physical location in your Territory. However, we may: (a) at locations outside your Territory, including locations near the boundaries of your Territory, establish and operate, and grant others the right to establish and operate, an Augusta Lawn Care Business; (b) at locations outside your Territory, establish and operate, and grant others the right to operate, businesses similar to the Augusta Lawn Care Business; (c) at any location, license the use of alternative proprietary marks or methods in connection with the operation of businesses that may be similar to or different from the Augusta Lawn Care Business; and (d) use other channels of distribution, including the Internet. We are not
required to pay you if we exercise any of these reserved rights.
Source: Item 12 — TERRITORY (FDD pages 27–28)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care FDD, franchisees do not automatically receive an exclusive territory. The standard territory for a single franchise is a circle with a five-mile radius or a population of approximately 100,000 people, centered around the Approved Location. However, Augusta Lawn Care retains the right to establish or license other Augusta Lawn Care businesses outside of the franchisee's territory, even near its boundaries. They can also operate similar businesses under different brands or through other distribution channels, including the Internet.
While another Augusta Lawn Care business cannot operate at a physical location within a franchisee's territory, Augusta Lawn Care and other franchisees can service clients in that territory as long as they do not advertise or market there. If a franchisee does not receive an exclusive or semi-exclusive territory and another franchisee purchases an exclusive territory in the area, the original franchisee must relinquish the right to acquire new customers in that exclusive territory.
Augusta Lawn Care also retains various rights, including operating an Augusta Lawn Care concept at temporary locations within the franchisee's territory for up to 15 consecutive days, offering franchises to others outside the franchisee's territory, and selling services directly to purchasers within the territory through various channels, except from an Augusta Lawn Care Business inside the Approved Territory. The franchisor can also approve or disapprove other franchisees' requests to purchase local advertising that penetrates the franchisee's approved territory. These stipulations highlight that while a franchisee has an approved territory, it is not necessarily exclusive, and Augusta Lawn Care retains significant control and rights within and around that territory.