What organization administers the arbitration process for disputes involving Augusta Lawn Care?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as provided in Section 11.9, and if not resolved by the negotiation and mediation procedures described in Section 11.7 above, any dispute, controversy, or claim between you and/or any of your Related Parties, on the one hand, and Augusta Lawn Care and/or any of Augusta Lawn Care's Related Parties, on the other hand, including, without limitation, any dispute, controversy, or claim arising under, out of in connection with or related to: (a) this Agreement; (b) the relationship of the parties; (c) the events leading up to the execution of this Agreement; (d) any loan or other finance arrangement between you and Augusta Lawn Care or its Related Parties; (e) the parties' relationship; (f) any System standard; (g) any claim based in tort or any theory of negligence; and/or (j) the scope or validity of the arbitration obligation under this Agreement, shall be determined in Whatcom County, Washington, by the American Arbitration Association ("AAA"). This arbitration clause will not deprive Augusta Lawn Care of any right it may otherwise have to seek provisional injunctive relief from a court of competent jurisdiction.
- 11.8.1 The arbitration will be administered by the AAA pursuant to its Commercial Arbitration Rules then in effect by one (1) arbitrator. The arbitrator shall be an attorney with substantial experience in franchise law. If proper notice of any hearing has been given, the arbitrator will have full power to proceed to take evidence or to perform any other acts necessary to arbitrate the matter in the absence of any party who fails to appear.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 FDD, the American Arbitration Association (AAA) administers the arbitration process for disputes between an Augusta Lawn Care franchisee and Augusta Lawn Care, unless otherwise specified. The arbitration will occur in Whatcom County, Washington, or another location designated by Augusta Lawn Care. The AAA's Commercial Arbitration Rules in effect at the time will govern the arbitration, and a single arbitrator, who is an attorney with substantial experience in franchise law, will preside.
This means that if a dispute arises that cannot be resolved through negotiation and mediation, Augusta Lawn Care franchisees must participate in arbitration administered by the AAA. The arbitrator has the authority to make decisions on procedural matters, factual issues, and legal questions related to the dispute, including the applicability and enforceability of the arbitration agreement itself. The arbitrator can also issue summary orders, temporary restraining orders, injunctions, and other forms of relief.
However, Augusta Lawn Care is not obligated to use the mediation and arbitration provisions for claims relating to a franchisee's failure to pay fees, claims relating to the use of proprietary marks and the system, or claims relating to a breach of confidentiality obligations. In these cases, Augusta Lawn Care can pursue injunctive relief in court to enforce the franchise agreement, with a bond of no more than $10,000. The arbitrator must follow the law and cannot disregard the terms of the agreement, stay the effectiveness of any pending termination, assess punitive damages, certify a class action, or modify any lawful term of the agreement.
Franchisees should be aware that the arbitration must be conducted on an individual basis, and class action claims are not permitted. Each party is responsible for submitting any compulsory counterclaims in the same proceeding, or those claims will be barred. The judgment of the arbitrator is final and binding and can be entered in any court with jurisdiction. Augusta Lawn Care may advance a franchisee's share of the arbitration costs but retains the right to seek recovery of those costs. If Augusta Lawn Care prevails in arbitration, the franchisee will be required to pay all arbitration expenses, as well as Augusta Lawn Care's attorneys' fees and costs.