What is the initial franchise fee for Augusta Lawn Care (Item 5), and what are the requirements for transferring the franchise?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 5: INITIAL FEES]
ITEM 5 INITIAL FEES
Initial Franchise Fees
Augusta Lawn Care Business Initial Franchise Fee
If You are purchasing an Augusta Lawn Care Business, You must pay us an initial franchise fee (the "Initial Franchise Fee") of between $24,000 and $35,000, depending on the size of your franchise territory, when you sign the Franchise Agreement. The Initial franchise Fee is uniform. The Initial Franchise Fee is deemed fully earned by us once paid and is non-refundable.
[Item 23: RECEIPTS]
9.2 Franchisee's Condition Right to Transfer
You understand and acknowledge that the rights and duties set forth in this Agreement are personal to You, and that Augusta Lawn Care has granted this franchise in reliance of Your (or, if You are a corporation, partnership, or limited liability company, your principals) business skill, financial capacity and personal character. Accordingly, neither You nor any immediate or remote successor to any part of Your interest in this Agreement, nor any individual, partnership, limited liability company, corporation or other legal entity, which directly or indirectly owns any interest in You, shall sell, assign, transfer, convey, pledge, encumber, merge or give away (collectively, "transfer") this Agreement, any direct or indirect interest in You, or in all or substantially all of the assets of the Franchise without prior written consent of Augusta Lawn Care Any purported assignment or transfer not having the written consent of Augusta Lawn Care, required by Section 9.3, shall be null and void and shall constitute a material breach of this Agreement, for which Augusta Lawn Care may immediately terminate without opportunity to cure pursuant to Section 10.2.1 of this Agreement. The foregoing remedies shall be in addition to any other remedies Augusta Lawn Care may have under this Agreement or at law or in equity.
9.3 Conditions of Transfer
Franchisee shall notify Augusta Lawn Care in writing of any proposed transfer of this Agreement, any direct or indirect interest in You, or in all or substantially all of the assets of Augusta Lawn Care Business, at least thirty (30) days before such transfer is proposed to take place. Augusta Lawn Care shall not unreasonably withhold its consent to any transfer. Augusta Lawn Care may, in its sole discretion, require any or
affiliates, and their respective officers, directors, agents, shareholders, and employees;
(d) That the transferor (and, if the transferee is other than an individual, such owners of a beneficial interest in the transferee as Augusta Lawn Care may request) demonstrate to Augusta Lawn Care's satisfaction that it meets Augusta Lawn Care's educational, managerial and business standards; possesses a good moral character, business reputation and credit rating; has the aptitude and ability to operate the Augusta Lawn Care Business (as may be evidenced by prior related business experience or otherwise); and has adequate financial resources and capital to operate the Augusta Lawn Care Business, taking into consideration the purchase price paid by the transferee for the Augusta Lawn Care Business;
(e) That (1) at Augusta Lawn Care's option, (a) the transferee (and, if the transferee is other than an individual, such owners of a beneficial interest in the transferee as Augusta Lawn Care may request) enter into a written assignment, in a form satisfactory to Augusta Lawn Care, assuming and agreeing to discharge all of Your obligations under this Agreement, or (b) the transferee(s) execute, for a term ending on the expiration date of this Agreement and with such renewal term(s) as may be provided by this Agreement, the Augusta Lawn Care's then-current form of franchise agreement and other ancillary agreements as Franchisor may require for the Augusta Lawn Care Business, which agreements shall supersede this Agreement in all respects, and the terms of which may differ from the terms of this Agreement, including, without limitation, higher royalty fees, advertising contributions, or other fees, and a smaller or modified Territory, except that the transferee shall not be required to pay any initial franchise fee; and (2) the transferee's principal guaranty the performance of all such obligations in writing in a form satisfactory to Augusta Lawn Care;
(f) That You remain liable for all of the obligations to Augusta Lawn Care in connection with the Augusta Lawn Care Business which arose prior to the effective date of the transfer and execute any and all instruments reasonably requested by Augusta Lawn Care to evidence such liability;
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, the initial franchise fee ranges from $24,000 to $35,000, depending on the size of the territory. This fee is paid when the Franchise Agreement is signed and is considered fully earned and non-refundable once paid to Augusta Lawn Care.
To transfer an Augusta Lawn Care franchise, the franchisee must provide written notice to Augusta Lawn Care at least 30 days before the proposed transfer. Augusta Lawn Care's consent to the transfer cannot be unreasonably withheld, but they may require certain conditions to be met. These conditions include the transferee meeting Augusta Lawn Care's standards for education, managerial and business skills, moral character, business reputation, and credit rating. The transferee must also demonstrate the aptitude and financial resources necessary to operate the business successfully.
Additionally, Augusta Lawn Care may require the transferee to enter into a written assignment assuming all obligations under the existing agreement or execute the then-current form of the franchise agreement, which may include different terms such as higher fees or a modified territory, although the transferee will not be required to pay an initial franchise fee again. The original franchisee remains liable for all obligations to Augusta Lawn Care that arose before the transfer date and must execute any documents requested by Augusta Lawn Care to evidence this liability. Any transfer without Augusta Lawn Care's written consent is considered a breach of the agreement, potentially leading to termination.