What is the process for Augusta Lawn Care to notify a franchisee of a breach of agreement?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
sively showing that you did not disclose the Know-how to the family member.
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- Covenants Reasonable. You acknowledge and agree that: (i) the terms of this Agreement are reasonable both in time and in scope of geographic area; and (ii) you have sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Agreement. YOU HEREBY WAIVE ANY RIGHT TO CHALLENGE THE TERMS OF THIS AGREEMENT AS BEING OVERLY BROAD, UNREASONABLE OR OTHERWISE UNENFORCEABLE.
- Breach. You agree that failure to comply with the terms of this Agreement will cause substantial and irreparable damage to us and/or other Augusta Lawn Care franchisees for which there is no adequate remedy at law. Therefore, you agree that any violation of the terms of this Agreement will entitle us to injunctive relief. You agree that we may apply for such injunctive relief, without bond, but upon due notice, in addition to such further and other relief as may be available at equity or law, and the sole remedy of yours, in the event of the entry of such injunction, will be the dissolution of such injunction, if warranted, upon hearing duly held (all claims for damages by reason of the wrongful issuance of any such injunction being expressly waived hereby). If a court requires the filing of a bond notwithstanding the preceding sentence, the parties agree that the amount of the bond shall not exceed $1,000. None of the remedies available to us under this Agreement are exclusive of any other, but may be combined with others under this Agreement, or at law or in equity, including injunctive relief, specific performance and recovery of monetary damages. Any claim, defense or cause of action that you may have against us or against Franchisee, regardless of cause or origin, cannot be used as a defense against our enforcement of this Agreement.
7. Miscellaneous.
- a. If we hire an attorney or file suit against you because you have breached this Agreement and prevail against you, you agree to pay our reasonable attorney fees and costs in doing so.
- b. This Agreement will be governed by, construed and enforced under the laws of Washington and the courts in that state shall have jurisdiction over any legal proceedings arising out of this Agreement.
- c. Each section of this Agreement, including each subsection and portion thereof, is severable.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, if a franchisee fails to comply with the terms of the franchise agreement, Augusta Lawn Care may seek injunctive relief. The franchisee acknowledges that failure to comply with the terms of the agreement will cause substantial and irreparable damage to Augusta Lawn Care and/or other Augusta Lawn Care franchisees.
Augusta Lawn Care can apply for injunctive relief without needing to post a bond, but they must provide due notice to the franchisee. If a court requires a bond, the parties agree that the amount of the bond will not exceed $1,000. The franchisee's sole remedy, if an injunction is entered, is to seek the dissolution of the injunction. The availability of injunctive relief does not exclude any other remedies Augusta Lawn Care may have under the agreement, at law, or in equity, including specific performance and monetary damages.
Furthermore, the franchisee must deliver written notice of any claim against Augusta Lawn Care within 180 days after the event becomes known or should have been known through reasonable diligence. Following this notice, the franchisee must engage in negotiation and mediation procedures. Any arbitration must be filed within one year after the initial notice is delivered. However, these limitations do not apply to Augusta Lawn Care, its affiliates, or related parties.