Can Augusta Lawn Care or other Augusta Lawn Care franchisees service clients within my approved territory?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
During the term of this Agreement, and except as otherwise provided in this Agreement, Augusta Lawn Care agrees that it shall not establish, nor license any other person to establish another Augusta Lawn Care Business at any physical location within Your Approved Territory. You have no exclusivity. You have no right to exclude development of concepts owned, franchised, or licensed by Augusta Lawn Care or its affiliates. Additionally, although no other Augusta Lawn Care Business may operate at any physical location in your Territory, Augusta Lawn Care and other Augusta Lawn Care franchisees may service clients in your Territory, so long as Augusta Lawn Care and other Augusta Lawn Care franchisees do not advertise or market in your Territory.
To the extent you do not receive an exclusive or semi-exclusive Territory, and another franchisee purchases an exclusive territory in the area in which you operate, you agree to relinquish the rights to acquire new customers in that territory once it becomes another franchisee's Territory.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, while franchisees are granted an approved territory, this territory is not exclusive. Augusta Lawn Care retains the right to operate and license others to operate within a franchisee's territory. Specifically, Augusta Lawn Care and other Augusta Lawn Care franchisees can service clients within a franchisee's approved territory. However, Augusta Lawn Care and other franchisees are not allowed to advertise or market within another franchisee's territory.
This lack of exclusivity means that a franchisee may face competition from Augusta Lawn Care itself or from other franchisees within their own territory. This could impact the franchisee's ability to acquire and retain customers. The franchisee's agreement also states that if another franchisee purchases an exclusive territory in the area where the franchisee operates, the franchisee must relinquish the rights to acquire new customers in that exclusive territory.
Augusta Lawn Care also retains rights to operate an Augusta Lawn Care concept at temporary locations like trade show booths within a franchisee's territory for up to 15 consecutive days. They can also sell services directly or indirectly to purchasers within the approved territory through various channels, as long as it's not from an Augusta Lawn Care Business inside the approved territory. Augusta Lawn Care also has the right to develop, operate, and franchise other business concepts, even those that compete with Augusta Lawn Care services, within the approved territory.
Prospective franchisees should carefully consider the implications of this non-exclusive territory. It is important to understand how Augusta Lawn Care plans to manage potential conflicts between franchisees and what support they will provide to help franchisees compete effectively in their territory. It would be prudent to discuss with Augusta Lawn Care how they balance the interests of individual franchisees with the overall growth strategy of the franchise system.