What is the franchisee's obligation regarding the establishment of the Augusta Lawn Care business at the approved location?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Augusta Lawn Care grants to You the right and You hereby undertake the obligation upon the terms and conditions set forth in this Agreement: (a) to establish the Augusta Lawn Care Business at the Approved Location that includes the provision of such products and services as designated by Augusta Lawn Care, and (b) to use solely in connection therewith the Trade Name, Marks, and System, as they may be changed, improved and further developed from time-to-time. You shall not engage in any other business at the Approved Location without the prior written consent of Augusta Lawn Care.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, as part of the franchise agreement, the franchisee has the obligation to establish an Augusta Lawn Care business at the approved location. This includes providing the products and services designated by Augusta Lawn Care and using the Trade Name, Marks, and System solely in connection with the business. These elements may be changed, improved, and further developed by Augusta Lawn Care over time. The franchisee is prohibited from engaging in any other business at the approved location without prior written consent from Augusta Lawn Care.
Augusta Lawn Care grants the franchisee the right to operate within an approved territory but retains certain rights. Augusta Lawn Care can operate a concept at a trade show booth within the franchisee's territory for up to 15 consecutive days. They can also offer franchises to others outside the franchisee's approved territory and sell proprietary services directly or indirectly to any purchaser, including those within the approved territory, through various channels except from an Augusta Lawn Care Business inside the approved territory. Augusta Lawn Care also reserves the right to develop, operate, and franchise other business concepts, except another Augusta Lawn Care Business, even if they compete with the franchisee's services.
The franchisee may be able to relocate the Augusta Lawn Care business with Augusta Lawn Care's prior written consent, provided certain conditions are met. These conditions include being in good standing, compliance with the manual, securing a site outside another franchisee's territory that meets size and demographic requirements, and equipping the new business to meet current standards. The franchisee must also agree to cancel the existing agreement and execute a new one, as well as execute a general release of claims against Augusta Lawn Care. The franchisee can only cease operations for one day to move equipment to the new location.
The initial term of the franchise agreement is ten years from the effective date. The franchisee is permitted to use the Trade Name and Marks only in the operation of the Augusta Lawn Care Business within the Approved Territory, following the terms and conditions of the agreement and limitations specified by Augusta Lawn Care. The franchisee cannot use the Trade Name or Marks in the name of their business entity and cannot license them to third parties. Augusta Lawn Care reserves the right to change its Trade Name and Marks, and the franchisee must promptly conform to any such changes at their own expense.