If Augusta Lawn Care modifies or deletes existing Marks, what is the obligation to the franchisee?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
arks shall inure solely and exclusively to Augusta Lawn Care's benefit, and upon expiration or termination of this Agreement, and the license herein granted, no monetary amount shall be assigned or attributable to any goodwill associated with Your use of the System or the Marks; and
- (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.
8.2 Independent Status
It is expressly agreed that the parties intend by this Agreement to establish between you and Augusta Lawn Care the relationship of franchisee and franchisor. It is further agreed that you have no authority to create or assume in Augusta Lawn Care's name or on Augusta Lawn Care's behalf any obligation express or implied or to act or purport to act as agent or representative on our behalf for any purpose whatsoever. Neither you nor Augusta Lawn Care is the employer, employee, agent, partner, fiduciary or co-venturer, of or with the other, each being independent. All employees and agents hired or engaged by or working for you will be only the employees or agents of yours and will not, for any purpose be deemed employees or agents of Augusta Lawn Care nor subject to Augusta Lawn Care's control.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, Augusta Lawn Care retains the right to modify or delete existing Marks (logotypes, service marks, and trademarks) upon notice to the franchisee. The franchisee has absolutely 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 the franchisee must comply with these changes.
Augusta Lawn Care also reserves the right to change its Trade Name and Marks when it believes that such changes will benefit the Franchise Network. Augusta Lawn Care states that it will implement these changes in a manner that minimizes cost to the franchisee. The franchisee is obligated to promptly conform to any such changes at their own expense. This could involve updating signage, marketing materials, and other branded items to reflect the new Marks.
While Augusta Lawn Care acknowledges the investment franchisees make in establishing and promoting the Trade Name and Marks, it also recognizes that changes may become desirable or necessary due to the evolving cultural and economic environment or third-party challenges to Augusta Lawn Care's rights. This clause ensures that Augusta Lawn Care maintains control over its branding and can adapt to market conditions or legal challenges, while the franchisee bears the responsibility for implementing those changes in their business.
In practical terms, this means a franchisee must be prepared to invest additional capital to update their branding if Augusta Lawn Care decides to modify its Marks. While Augusta Lawn Care states it will try to minimize costs, the franchisee is ultimately responsible for these expenses. A prospective franchisee should inquire about the frequency of brand updates and the potential costs associated with rebranding to better understand the financial implications of this obligation.