What is an 'Listing' in the context of an Augusta Lawn Care franchise?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
You may have as many telephone numbers and telephone directory listing for the franchised business as you choose; however, you acknowledge and agree that we will own all rights and interest in each telephone number (regardless of whether such telephone number pre-existed any franchise agreement) and telephone directory listing, email address, domain name, social media platform, and comparable electronic identify that is associated in any manner with your Franchise and/or with any Mark ("Listing"). You acknowledge and agree that all goodwill arising from or in connection with the use of each Listing will inure to our benefit. Promptly after expiration, termination, repurchase or transfer of the Franchise, you will notify each telephone or Internet Service Provider ("ISP") with whom you have any Listing and direct them to transfer the Listing to us, or any persons we designate, at your expense; and you agree to execute all documents necessary to complete these transfers.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 21–27)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, a 'Listing' refers to any telephone number, telephone directory listing, email address, domain name, social media platform, or comparable electronic identity associated with the franchise. Augusta Lawn Care retains ownership of all rights and interests in each Listing, regardless of whether the telephone number existed before the franchise agreement. This means that while franchisees may choose their telephone numbers and directory listings, these assets ultimately belong to Augusta Lawn Care.
This has significant implications for a prospective Augusta Lawn Care franchisee. All goodwill generated through the use of these Listings accrues to the benefit of Augusta Lawn Care. Upon expiration, termination, repurchase, or transfer of the franchise, the franchisee is obligated to transfer the Listing to Augusta Lawn Care or their designee at the franchisee's own expense. This includes notifying the telephone or Internet Service Provider and executing all necessary documents to complete the transfer.
This clause ensures that Augusta Lawn Care maintains control over its brand identity and customer communications. It prevents franchisees from retaining valuable contact information and online presence after they leave the system, which could potentially divert customers or create confusion in the market. Prospective franchisees should be aware of this provision and factor it into their business planning, particularly when considering the long-term value of the assets they are building during the franchise term.
In essence, while franchisees operate and manage these Listings during their franchise term, they do so on behalf of Augusta Lawn Care, and the ownership remains firmly with the franchisor. This is a fairly standard practice in franchising, as it protects the integrity of the brand and ensures a smooth transition when a franchise changes hands.