Can an Augusta Lawn Care franchisee incur any liability on Augusta Lawn Care's behalf?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
eto 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.
8.2 Independent Status
It is expressly agreed that the parties intend by this Agreement to establish between you and Augusta Lawn Care the relationship of franchisee and franchisor. It is further agreed that you have no authority to create or assume in Augusta Lawn Care's name or on Augusta Lawn Care's behalf any obligation express or implied or to act or purport to act as agent or representative on our behalf for any purpose whatsoever. Neither you nor Augusta Lawn Care is the employer, employee, agent, partner, fiduciary or co-venturer, of or with the other, each being independent. All employees and agents hired or engaged by or working for you will be only the employees or agents of yours and will not, for any purpose be deemed employees or agents of Augusta Lawn Care nor subject to Augusta Lawn Care's control. Augusta Lawn Care has no authority to exercise control over the hiring or termination of your employees, independent contractors, agents or others who work for you, their compensation, working hours or conditions, or their day-to-day activities, except to the extent necessary to protect the brand and the Marks. You shall file your own tax, regulatory and payroll reports with respect to your employees, agents and contractors, and you shall save, indemnify and hold Augusta Lawn Care and its parents, affiliates, owners, officers, directors and subsidiaries harmless from any and all liability, costs and expenses, of any nature, that any such party incurs related to these obligations. You shall, in all respects, be an independent contractor and nothing in this Agreement is intended to constitute either party as an agent, legal representative, subsidiary, joint-venturer, joint-employer, partner, employee or servant of the other for any purpose whatsoever. Without limiting the foregoing, You are an independent legal entity and must make this fact clear in Your dealings with suppliers, lessors, government agencies, employees, customers and others. You and Augusta Lawn Care are completely separate entities and are not fiduciaries, partners joint-venturers, or agents of the other in any sense, and neither
party has the right to bind the other. No act or assistance by either party to the other pursuant to this Agreement may be construed to alter this relationship. You are solely responsible for compliance with all federal, state, and local laws rules and regulations, and for complying with Augusta Lawn Care policies, practices, and decisions relating to the operation of the Augusta Lawn Care Business. You shall rely on Your own knowledge and judgment in making business decisions, subject only to the requirements of this Agreement and the Manual. You may not expressly or implicitly hold Yourself out as an employee, partner, shareholder, member, jointventurer or representative of Augusta Lawn Care, nor may You expressly or implicitly state or suggest that You have the right or power to bind Augusta Lawn Care, or to incur any liability on Augusta Lawn Care's behalf. You may not use the Trade Name or Marks as part of Your corporate name limited liability company name or limited partnership name. There is no fiduciary duty between You and Augusta Lawn Care.
8.3 Display of Disclaimer
You shall conspicuously display a sign that states that "THIS AUGUSTA LAWN CARE BUSINESS IS AN INDEPENDENTLY OWNED AND OPERATED FRANCHISED BUSINESS" within each Business, business cards, client/customer agreements, stationery, purchase order forms, invoices, and other documents that You use in Your business dealings with suppliers, government agencies, employees and customers must clearly identify You as an independent legal entity.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from incurring any liability on behalf of Augusta Lawn Care. The agreement clearly states that the relationship between the franchisee and franchisor is that of independent parties, and the franchisee has no authority to act as an agent or representative of Augusta Lawn Care for any purpose. This means a franchisee cannot create or assume any obligations, express or implied, in Augusta Lawn Care's name.
This independent status is further reinforced by the stipulation that neither party is the employer, employee, agent, partner, fiduciary, or co-venturer of the other. Franchisees are responsible for their own business decisions, compliance with laws, and managing their employees. They must also make it clear in all their dealings with suppliers, lessors, government agencies, employees, and customers that they are an independent legal entity.
To ensure transparency, Augusta Lawn Care requires franchisees to conspicuously display a sign stating that the business is independently owned and operated. This disclaimer must also appear on business cards, client agreements, stationery, and other documents. This requirement aims to prevent any confusion about the franchisee's independent status and to protect Augusta Lawn Care from potential liabilities incurred by the franchisee. The franchisee is solely responsible for their actions and cannot bind Augusta Lawn Care in any way.