What happens if a court determines the 'Restricted Period' for Augusta Lawn Care is too long?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
"Restricted Period" means the two (2) year period after you cease to be a manager of Franchisee's Augusta Lawn Care Business; provided, however, that if a court of competent jurisdiction determines that this period of time is too long to be enforceable, then the "Restricted Period" means the one (1) year period after you cease to be a manager or officer of Franchisee's Augusta Lawn Care Business.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, the standard 'Restricted Period' is two years after a franchisee ceases to be a manager of the Augusta Lawn Care business. This restricts the franchisee from operating a similar business within a defined territory to protect Augusta Lawn Care's interests.
However, the FDD anticipates the possibility that a court might find this two-year restriction to be unreasonably long or unenforceable under applicable law. To address this, the agreement includes a provision that automatically shortens the restricted period if a court makes such a determination.
Specifically, if a court determines the initial two-year period is too long, the 'Restricted Period' is immediately reduced to one year after the franchisee ceases to be a manager or officer. This adjustment ensures that there is still a restriction in place, but one that is deemed legally reasonable and enforceable, thus protecting Augusta Lawn Care while complying with legal standards.