Can an Augusta Lawn Care franchisee terminate the franchise agreement, and if so, under what grounds?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
hirty (30) day period. If any such default is not cured within the specified time, or such longer period as applicable law may require, this Agreement shall terminate without further notice to You effective immediately upon the expiration of the thirty (30) day period or such longer period as applicable law may require.
10.3 Rights and Obligations After Termination or Expiration
Upon termination of this Agreement for any reason, the parties will have the following rights and obligations:
(a) Augusta Lawn Care will have no further obligations under this Agreement.
(b) You shall pay Augusta Lawn Care a fee of, at least, Five Thousand Dollars ($5,000) to account for our legal and/or administrative costs;
(c) You shall give the final accounting for the Augusta Lawn Care Business, pay Augusta Lawn Care within thirty (30) days after termination all payments due to Augusta Lawn Care, and return the Manual and any other property belonging to Augusta Lawn Care.
(d) You shall immediately and permanently cease to operate the Augusta Lawn Care Business. You shall immediately and permanently stop using the Marks or any confusingly similar marks, the System, or any advertising, signs, stationery, or forms that bear identifying marks or colors that might give others the impression that You are operating an Augusta Lawn Care Business, You shall refrain from any statement or action that might give others the impression that You are or ever were affiliated with the Augusta Lawn Care Franchise Network.
(e) You shall promptly sign any documents and take any steps that, in the judgment of Augusta Lawn Care, are necessary to delete Your listings from classified telephone directories, disconnect, or, at Augusta Lawn Care's option, assign the Augusta Lawn Care all telephone numbers that have been used in the Augusta Lawn Care Business, and terminate all other references that indicate You are or ever were affiliated with Augusta Lawn Care or an Augusta Lawn Care Business. By signing this Agreement, You irrevocably appoint Augusta Lawn Care as Your attorney-infact to take the actions described in this paragraph if You do not do so Yourself within seven (7) days after termination of this Agreement. You further irrevocably assign Your telephone numbers listed on Exhibit A, or hereinafter acquired for the operation of Your Augusta Law
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 32–35)
What This Means (2025 FDD)
Based on the 2025 Augusta Lawn Care Franchise Disclosure Document, the document does not explicitly state the grounds under which a franchisee can terminate the franchise agreement. However, it does outline the rights and obligations of both parties after termination, implying that termination by the franchisee is possible under certain circumstances.
Upon termination of the agreement, regardless of the reason, the franchisee has several obligations. They must pay Augusta Lawn Care a fee of at least $5,000 to cover legal and administrative costs. The franchisee must also provide a final accounting of the Augusta Lawn Care business, pay all outstanding dues to Augusta Lawn Care within 30 days, and return the operations manual and any other property belonging to Augusta Lawn Care.
Additionally, the franchisee must immediately cease operating the Augusta Lawn Care business and discontinue using any trademarks, the system, or advertising materials that could give the impression of affiliation with Augusta Lawn Care. The franchisee is also required to sign documents to remove their listings from directories and transfer phone numbers and online assets to Augusta Lawn Care. It is important to note that the franchisee must maintain all records required by Augusta Lawn Care for at least five years after termination.