If Augusta Lawn Care modifies or deletes existing Marks, what action must Augusta Lawn Care take?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- (f) The right and license of the Marks granted hereunder to You is non-exclusive, and Augusta Lawn Care thus has and retains the rights, among others:
- i. to use the Marks itself in connection with selling services, products and other;
- ii. to grant other licenses for the Marks, in addition to those licenses already granted to existing franchisees;
- iii. to develop and establish other systems using the same or similar Marks, or any other proprietary marks, and to grant licenses or franchises thereto without providing any rights therein to You; and
- iv. to, from time-to-time, modify or delete existing Marks upon notice to You. You have absolutely no right to use any specific deleted mark owned or controlled by Augusta Lawn Care or its Affiliates.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care FDD, Augusta Lawn Care reserves the right to modify or delete existing Marks from time to time, and will provide notice to the franchisee when doing so. The term Marks refers to logotypes, service marks, and trademarks involved in the operation of an Augusta Lawn Care business, including the name "Augusta Lawn Care." The franchisee has no right to use any specific deleted mark owned or controlled by Augusta Lawn Care or its affiliates.
This means that Augusta Lawn Care can change its branding and require franchisees to adapt to those changes. While Augusta Lawn Care has no present intention to do so, they reserve the right to change its Trade Name and Marks (although it has no present intention to do so) and the specifications for each when Augusta Lawn Care believes that such changes will benefit the Franchise Network. Augusta Lawn Care will do this in a manner that minimizes cost to You. The franchisee is responsible for conforming to these changes at their own expense.
For a prospective Augusta Lawn Care franchisee, this highlights the importance of understanding that the brand's identity can evolve. Franchisees need to be prepared to invest in updating signage, marketing materials, and other branded items to align with any changes Augusta Lawn Care implements. While Augusta Lawn Care states they will try to minimize costs, the franchisee ultimately bears the financial responsibility for these updates. This is a fairly standard clause in franchise agreements, as franchisors need the flexibility to update their brands to stay competitive and relevant.