Must an Augusta Lawn Care franchisee indemnify Augusta Lawn Care from liabilities related to their employees?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
thority 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.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, the franchisee is responsible for saving, indemnifying, and holding Augusta Lawn Care harmless from any liability, costs, and expenses related to the franchisee's employees, agents, and contractors. This includes tax, regulatory, and payroll reports. This obligation extends to Augusta Lawn Care's parents, affiliates, owners, officers, directors, and subsidiaries.
This means that as an Augusta Lawn Care franchisee, you are considered an independent contractor and are solely responsible for all aspects of managing your employees. This includes hiring, firing, compensation, and day-to-day activities, with Augusta Lawn Care only having control to the extent necessary to protect the brand and marks. You must also file all necessary tax, regulatory, and payroll reports for your employees.
The franchisee's duty to indemnify Augusta Lawn Care extends to liabilities, costs, and expenses incurred by Augusta Lawn Care due to the franchisee's actions or omissions, the actions or omissions of their related parties, employees, agents, or representatives, the operation of the Augusta Lawn Care Business, the business conducted under the agreement, or any breach of the agreement. This includes claims allegedly caused by Augusta Lawn Care's negligence, unless the claims are determined to be caused solely by Augusta Lawn Care's gross negligence or willful misconduct.
Furthermore, if Augusta Lawn Care is involved in a legal proceeding due to the franchisee's actions or omissions, Augusta Lawn Care can hire counsel to protect its interests and bill the franchisee for all associated costs and expenses. The franchisee is required to promptly reimburse Augusta Lawn Care for these costs. This indemnification obligation remains in effect even after the franchise agreement expires or terminates.