Can Augusta Lawn Care reduce the geographic scope of the restricted territory for a franchisee?

According to the 2025 Augusta Lawn Care Franchise Disclosure Document, the definition of "Restricted Territory" includes a clause that addresses the possibility of a court finding the initial territory too broad. The standard restricted territory is defined as the geographic area within a 25-mile radius of the franchisee's Augusta Lawn Care business and a 25-mile radius from all other Augusta Lawn Care businesses operating or under construction at the beginning of the restricted period.

However, if a court determines that this 25-mile radius is too broad to be enforceable, the "Restricted Territory" is reduced to a 15-mile radius from the franchisee's Augusta Lawn Care business. This provision is designed to ensure the enforceability of the non-compete agreement, adjusting the restricted territory's size based on judicial review.

This means that while Augusta Lawn Care initially defines the restricted territory using a 25-mile radius, this can be reduced to a 15-mile radius if a court deems the larger area unenforceable. This adjustment mechanism provides a safeguard, ensuring that the non-compete agreement remains valid and enforceable, while still protecting Augusta Lawn Care's interests. Prospective franchisees should be aware of this clause, as it directly impacts the geographic scope of their non-compete obligations should they leave the Augusta Lawn Care system.