Is Augusta Lawn Care obligated to allow a franchisee to move their site?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
We grant you a franchise for a specific Approved Location within the Territory. The site may not be changed without our written approval and compliance with our relocation procedures, and you may not operate out of any site other than the approved site within the Territory without our written approval. We may allow you to move your site on a case-by-case basis.
4.4 Relocation
At Augusta Lawn Care's option, You may relocate the Augusta Lawn Care Business, with Augusta Lawn Care's prior written consent, if all of the following conditions are met:
(a) You and Your Related Parties are in Good Standing under this Agreement and any other Agreement between Augusta Lawn Care and You, and You and Your Related Parties are in compliance with all provisions of the Manual;
(b) You and any of Your Related Parties that have signed this Agreement have agreed to cancel this Agreement and execute a new Franchise Agreement in the form that is currently effective at the time of relocation (with a term equal to the thenremaining term of this Agreement);
(c) You have secured a site that is not located in another Augusta Lawn Care franchisee's approved Territory, and which meets our then-current size and demographic requirements;
(d) You agree to equip and furnish Your new Augusta Lawn Care Business so that the Business meets the standards of appearance and function applicable to new Augusta Lawn Care Businesses at the time of relocation;
(e) You and Your Related Parties that are parties to this Agreement shall have executed a general release, in a form satisfactory to Augusta Lawn Care, of any and all claims against Augusta Lawn Care and its Related Parties, affiliates, successors and assigns, and their respective directors, officers, shareholders, partners, agents, representatives, servants and employees in their corporate and individual capacities, including, without limitation, claims arising under this Agreement, any other agreement between You and Augusta Lawn Care or its affiliates, and federal, state, and local laws and rules; and
(f) You may cease to operate the Augusta Lawn Care Business for no more than one (1) day only for the purposes of moving all equipment from the old Approved Location to the new approved location for the Augusta Lawn Care Business.
Source: Item 12 — TERRITORY (FDD pages 27–28)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, franchisees are not automatically entitled to relocate their business. The FDD states that Augusta Lawn Care may allow a franchisee to move their site on a case-by-case basis, indicating that relocation is not guaranteed and is subject to the franchisor's discretion.
For a franchisee to be considered for relocation, several conditions must be met. The franchisee must be in good standing with Augusta Lawn Care, comply with the franchise manual, and agree to cancel their existing agreement in favor of a new one that reflects the terms currently in effect at the time of relocation. The franchisee also needs to secure a new site that does not encroach upon another franchisee's territory and meets Augusta Lawn Care's current size and demographic requirements.
Additionally, the new Augusta Lawn Care Business location must meet the appearance and functional standards applicable to new businesses at the time of relocation. The franchisee must also execute a general release of claims against Augusta Lawn Care. Finally, the franchisee can only cease operations at the old location for a maximum of one day to facilitate the move to the new approved location. These stipulations ensure that any relocation aligns with Augusta Lawn Care's strategic interests and maintains brand consistency.
In summary, while Augusta Lawn Care may permit relocation, it is not obligated to do so. The decision is made on a case-by-case basis and is contingent upon the franchisee meeting several conditions and obtaining written consent from Augusta Lawn Care. This arrangement provides Augusta Lawn Care with control over its brand's geographic distribution and operational standards.