Can Augusta Lawn Care modify or delete existing Marks?
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 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 notifying the franchisee. 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.
This right extends to Augusta Lawn Care's ability to develop and establish other systems using the same or similar Marks or any other proprietary marks and grant licenses or franchises to them without providing any rights to the existing franchisee. Augusta Lawn Care also retains the right to use the Marks themselves in connection with selling services and products and to grant other licenses for the Marks, in addition to those licenses already granted to existing franchisees.
For a prospective franchisee, this means that the branding and marketing materials they initially invest in could change during the term of their franchise agreement. The franchisee is responsible for conforming to these changes at their own expense. While Augusta Lawn Care states they have invested substantial time, energy, and money in the promotion and protection of its Trade Name and Marks, they also recognize that changes in the cultural and economic environment or third-party challenges may make changes in the Trade Name and Marks desirable or necessary. Augusta Lawn Care states they will make changes in a manner that minimizes cost to the franchisee.