What is the relationship between the Franchise Agreement and the Approval of Requested Assignment for Augusta Lawn Care franchise transfers?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
le. In the event that any section, subsection or portion of this Agreement is unenforceable, it shall not affect the enforceability of any other section, subsection or portion; and each party to this Agreement agrees that the court may impose such limitations on the terms of this Agreement as it deems in its discretion necessary to make such terms enforceable.
EXECUTED on the date stated below.
Date: Signature Print Name
EXHIBIT G TO AUGUSTA LAWN CARE FRANCHISE AGREEMENT
SAMPLE APPROVAL OF REQUESTED ASSIGNMENT
| This Approval of Requested Assignment ("Agreement") is entered into this day of |
|---|
| , |
| 20, |
| between |
| Augusta |
| Franchise |
| LLC |
| ("Franchisor"), |
| ("Former |
| Franchisee"), |
| and |
| ("New Franchisee"). |
| RECITALS |
| WHEREAS, |
| Franchisor and Former Franchisee entered into that certain franchise |
| agreement dated, 20 ("Franchise Agreement"), in which |
| Franchisor granted Franchisor the right to operate an Augusta Lawn Care |
| franchise with a primary |
| operating address of ("Franchised Business"); and |
| WHEREAS, Former Franchisee desires to assign ("Requested Assignment") the |
| Franchised Business to New Franchisee from Former Franchisee, and Franchisor desires to |
| approve the Requested Assignment of the Franchised Business from Former Franchisee to New |
| Franchisee upon the terms and conditions contained in this Agreement. |
NOW THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, the parties hereto covenant, promise and agree as follows:
-
- Payment of Fees. In consideration for the Requested Assignment, Former Franchisee acknowledges and agrees to pay Franchisor the Transfer Fee, as required under the Franchise Agreement ("Franchisor's Assignment Fee").
-
- Consent to Requested Assignment of Franchised Business. Franchisor hereby consents to the Requested Assignment of the Franchised Business from Former Franchisee to New Franchisee upon receipt of the Franchisor's Assignment Fee from Former Franchisee and the mutual execution of this Agreement by all parties. Franchisor waives its right of first refusal set forth in the Franchise Agreement.
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- Termination of Rights to the Franchised Business. The parties acknowledge and agree that all of Former Franchisee's rights to operate the Franchised Business and rights under the Franchise Agreement are hereby relinquished and that from the date of this Agreement only New Franchisee shall have the sole right to operate the Franchised Business. Former Franchisee and its owners agree to comply with all of the covenants in the Franchise Agreement that expressly
or by implication survive the termination, expiration or transfer of the Franchise Agreement. Unless otherwise precluded by state law, Former Franchisee shall execute Franchisor's current form of General Release Agreement, which is attached to this Agreement as Attachment A.
-
- New Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, the Franchise Agreement outlines the conditions and requirements for transferring an Augusta Lawn Care franchise, while the Approval of Requested Assignment is the document used to formalize and approve the transfer. The Franchise Agreement states that any transfer of the agreement or interest in the franchise requires prior written consent from Augusta Lawn Care. Attempting to transfer without this consent constitutes a breach of the agreement.
The Approval of Requested Assignment is entered into by Augusta Lawn Care (Franchisor), the current franchisee (Former Franchisee), and the new franchisee (New Franchisee). It references the original Franchise Agreement and acknowledges the former franchisee's desire to assign the business to the new franchisee. Augusta Lawn Care's approval is contingent upon the terms and conditions outlined in the Approval of Requested Assignment.
Furthermore, the new franchisee is required to execute Augusta Lawn Care's current form of Franchise Agreement and any other required contracts for operating the franchise. The new franchisee acknowledges that Augusta Lawn Care's role is limited to approving the assignment and ensuring the new franchisee signs a new franchise agreement. Any issues regarding the acquisition of the franchise business are solely between the former and new franchisees, without involving Augusta Lawn Care. Both the former and new franchisees agree to take any further actions required to fulfill the terms of the Approval of Requested Assignment, including actions contemplated by the original Franchise Agreement.