Does either Augusta Lawn Care or its franchisees have the right to bind the other?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, neither Augusta Lawn Care nor its franchisees have the right to legally bind the other party. The agreement explicitly states that no action or assistance from either party should be interpreted as altering this independent relationship.
As a franchisee, you are responsible for adhering to all applicable federal, state, and local laws, as well as Augusta Lawn Care's policies and practices. Your business decisions should be based on your own knowledge and judgment, within the guidelines of the franchise agreement and manual. You cannot present yourself as an employee, partner, or representative of Augusta Lawn Care, nor can you suggest that you have the authority to bind Augusta Lawn Care or incur liabilities on their behalf.
To further emphasize this independent relationship, franchisees must display a sign stating that their Augusta Lawn Care business is independently owned and operated. This disclaimer should also appear on business cards, client agreements, stationery, and other business documents. This ensures that suppliers, government agencies, employees, and customers understand that the franchisee is a separate legal entity. There is no fiduciary duty between the franchisee and Augusta Lawn Care.