With whom does Augusta Lawn Care have an intellectual property license agreement regarding the Marks?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
We grant you the right to operate a business using our System, which is identified by means of certain trade names, service marks, trademarks, logos, emblems and indicia of origin (the "Marks"), as are designated by us in writing for use in connection with the System. Our right to use and license others to use the Marks is exercised pursuant to a ninety-nine (99) year intellectual property license agreement with our affiliate, Augusta Lawn Care IP, LLC (the "IP Agreement"), which, if not renewed, ends on July 31, 2118, and which can be terminated upon thirty-days' notice for a material breach. Under the IP Agreement, we are granted the right to use and to permit others to use the Marks. We have the right to license the use of the registered trademark to you for the term of the Franchise Agreement, including any extensions or renewals.
Source: Item 13 — TRADEMARKS (FDD pages 28–30)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, the company's right to use and license its trademarks is based on an intellectual property license agreement with Augusta Lawn Care IP, LLC. This agreement, referred to as the "IP Agreement," is for a term of 99 years and, if not renewed, will end on July 31, 2118. The IP Agreement can be terminated with a 30-day notice if there is a material breach.
Under this agreement, Augusta Lawn Care is granted the right to use the Marks and to allow others to use them. This arrangement allows Augusta Lawn Care to license the use of its registered trademarks to franchisees for the duration of their Franchise Agreement, including any extensions or renewals.
For a prospective franchisee, this means that Augusta Lawn Care's ability to grant rights to use its trademarks depends on the continuation of the IP Agreement with Augusta Lawn Care IP, LLC. While the agreement has a long term and provisions for renewal, it is important for franchisees to understand that their right to use the trademarks is ultimately tied to this agreement and its terms.