Does the 'Restricted Period' apply to managers of the Augusta Lawn Care Franchisee?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
s a Competitive Business) within a 25 mile radius of another Augusta Lawn Care business; (ii) diverting or attempting to divert any business from us (or one of our affiliates or franchisees); and/or (iii) inducing (a) any of our employees or managers (or those of our affiliates or franchisees) to leave their position or (b) any customer of ours (or of one of our affiliates or franchisees) to transfer their business to you or to any other person that is not then a franchisee of ours.
"Restricted Period" means the two (2) year period after you cease to be a manager of Franchisee's Augusta Lawn Care Business; provided, however, that if a court of competent jurisdiction determines that this period of time is too long to be enforceable, then the "Restricted Period" means the one (1) year period after you cease to be a manager or officer of Franchisee's Augusta Lawn Care Business.
"Restricted Territory" means the geographic area within: (i) a 25 mile radius from Franchisee's Augusta Lawn Care Business (and including the address of primary operation); and (ii) a 25 mile radius from all other Augusta Lawn Care Business that are operating or under construction as of the beginning of the Restricted Period; provided, however, that if a court of competent jurisdiction determines that the foregoing Restricted Territory is too broad to be enforceable, then the "Restricted Territory" means the geographic area within a 15 mile radius from Franchisee's Augusta Lawn Care Business (and including the premises of the Business).
"System" means our system for the establishment, development, operation and management of an Augusta Lawn Care Business, including Know-how, proprietary programs and products, confidential operations manuals and operating system.
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- Background. You are an officer, director, or manager of Franchisee. As a result of this relationship, you may gain knowledge of our System and Know-how. You understand that protecting the Intellectual Property is vital to our success and that of our franchisees and that you could seriously jeopardize our entire franchise system if you were to unfairly compete with us. In order to avoid such damage, you agree to comply with the terms of this Agreement.
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- Intellectual Property. You agree: (i) you will not use the Know-how in any business or capacity other than Augusta Lawn Care Business operated by Franchisee; (ii) you will maintain the confidentiality of the Know-how at all times; (iii) you will not make unauthorized copies of documents containing any Know-how; (iv) you will take such reasonable steps as we may ask of you from time-to-time to prevent unauthorized use or disclosure of the Know-how; and (v) you will stop using the Know-how immediately if you are no longer a manager of Franchisee's Augusta Lawn Care Business. You further agree that you will not use the Intellectual Property for any purpose other than the performance of your duties for Franchisee and within the scope of your employment or other engagement with Franchisee.
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- Unfair Competition During Relationship. You agree not to unfairly compete with us at any time while you are a manager of Franchisee's Augusta Lawn Care Business by engaging in any Prohibited Activities.
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- Unfair Competition After Relationship. You agree not to unfairly compete with us during the Restricted Period by engaging in any Prohibited Activities;
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, the 'Restricted Period' does indeed apply to managers of an Augusta Lawn Care franchise. As stated in the agreement, managers may gain knowledge of the Augusta Lawn Care System and Know-how, and to protect the Intellectual Property of Augusta Lawn Care, managers agree to comply with the terms of the Nondisclosure, Nonsolicitation, and Noncompetition Agreement.
The agreement specifies that during the time that the individual is a manager for the Augusta Lawn Care franchisee, they will not unfairly compete with Augusta Lawn Care by engaging in any Prohibited Activities. After the relationship, the manager agrees not to unfairly compete during the Restricted Period by engaging in any Prohibited Activities. The Prohibited Activity relating to having an interest in a Competitive Business will only apply regarding a Competitive Business that is located within or provides competitive goods or services to customers who are located within the Restricted Territory.
The 'Restricted Period' is defined as the two-year period after ceasing to be a manager of the Augusta Lawn Care Business. However, if a court deems this period too long, it defaults to a one-year period. The 'Restricted Territory' is a 25-mile radius from the Augusta Lawn Care Business, which may be reduced to a 15-mile radius if a court finds the original territory too broad. If the manager engages in any Prohibited Activities during the Restricted Period, the Restricted Period will be extended by the period of time during which they were engaging in the Prohibited Activity.
This non-compete agreement is in place to protect Augusta Lawn Care's interests and those of its franchisees by preventing unfair competition from individuals who have gained knowledge of the System and Know-how. Prospective franchisees should carefully review these restrictions and consider their implications before entering into a franchise agreement with Augusta Lawn Care.