If the Augusta Lawn Care franchise agreement is terminated, does this end all obligations of both parties?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
f the premises to Augusta Lawn Care. You are and shall remain liable for all of your obligations accruing up to the effective date of any lease agreement.
- (l) Franchisee and its Related Parties shall abide by the post-termination restrictive covenants in Section 8.6 of this Agreement.
10.4 No Limitation of Remedies
No right or remedy conferred upon or reserved to Augusta Lawn Care (including as set forth in Section 10.3 above) is intended to be, nor shall be deemed exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy. Nothing herein shall be construed to deprive Augusta Lawn Care of the right to recover damages as compensation for lost future profits. Termination of this Agreement will not end any obligation of either party that has come into existence before termination. All obligations of the parties which, by their terms, or by reasonable implication are to be performed in whole or in part after termination, shall survive termination.
10.5 Limited Termination Right
This Agreement may be terminated by Franchisee upon sixty (60) days' notice, at any time, for any reason, so long as Franchisee or Franchisee's representatives participate in a recorded video call (currently using Zoom) with a representative of Franchisor, after providing notice to
Franchisor but before the running of the 60-day notice period. If Franchisee complies with this obligation, and notwithstanding anything else contained herein to the contrary, Franchisee's client list, and Zuper account and data, remains the possession, custody or control of Franchisee. Franchisee shall thereinafter be barred from using the Augusta Marks, logo, mascot, website, P4P software, command center, documents or templates downloaded from Dashboard (presently at AugustaFranchise.com), or any company-provided email account, as described in Section 10.3 hereof. It shall further be Franchisee's obligation to: (i) remove the vehicle logos and repaint same to a color besides yellow (if not sold to an independent third-party), remove all logos and likeness through Franchisee's Zuper account or, alternatively, close Franchisee's Zuper account; and (iii) remove any mention to Franchisor from Franchisee's marketing or promotional materials. Franchisor and Franchisee agree that, notwithstanding any termination by Franchisee, Franchisee shall remain liable for all fees incurred before the effective date of termination, including, without limiting the scope of fees due and owing, monthly fees, Command Center fees, and financed initial fees.
10.6 Alternatives to Termination
If Franchisee is in default under Section 10.2 hereof, any all applicable cure periods have passed, if any, in lieu of, and in addition to, Franchisor's right to terminate this Franchise Agreement, Franchisee permits Franchisor or another franchisee of Franchisor to advertise and market, or operate at a physical location, in your Territory.
11. MISCELLANEOUS PROVISIONS
11.1 Construction of Contract
Section headings in this Agreement are for reference purposes only and will not in any way modify the statements contained in any section of this Agreement. Each word in this Agreement may be considered to include any number or gender that the context requires.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, the termination of the Franchise Agreement does not automatically end all obligations of either party. The agreement states that any obligations that existed before the termination, or those that are reasonably implied to be performed after termination, will survive the termination.
Specifically, upon termination, Augusta Lawn Care has no further obligations under the agreement, but the franchisee must pay Augusta Lawn Care a minimum of $5,000 to cover legal and administrative costs. The franchisee must also provide a final accounting, pay all outstanding dues within 30 days, and return the operations manual and any other property belonging to Augusta Lawn Care. The franchisee must also cease operating the Augusta Lawn Care business immediately and permanently, and stop using any marks or systems associated with the brand.
Furthermore, the franchisee is required to sign documents to delete listings from telephone directories, disconnect or assign telephone numbers to Augusta Lawn Care, and terminate any references indicating affiliation with Augusta Lawn Care. The franchisee must also maintain all required records for at least five years after the final payment of any amounts owed to Augusta Lawn Care, or longer if required by law. These stipulations ensure that certain responsibilities and rights continue even after the franchise agreement is terminated.