How is the 'Restricted Territory' defined for an Augusta Lawn Care franchise?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
"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).
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 Territory" defines the geographic area where certain restrictions apply to the franchisee after they are no longer managing the Augusta Lawn Care Business. This restriction is in place to prevent unfair competition using the franchisor's confidential information and system know-how. The standard restricted territory extends 25 miles from the franchisee's Augusta Lawn Care Business, including the primary operation address, and also 25 miles from all other Augusta Lawn Care Businesses that are operating or under construction at the start of the restricted period.
However, the FDD also includes a contingency: if a court deems the 25-mile radius too broad to be enforceable, the "Restricted Territory" shrinks to a 15-mile radius from the franchisee's Augusta Lawn Care Business, including the business premises. This clause acknowledges that the enforceability of non-compete agreements can vary by jurisdiction, and provides a fallback to ensure the restriction is as enforceable as possible.
This definition of "Restricted Territory" is important for potential franchisees to understand, as it dictates where they cannot operate a competing business for a certain period after leaving the Augusta Lawn Care system. The duration of this period, called the "Restricted Period", is two years after ceasing to be a manager, but it can be reduced to one year if a court finds the two-year period too long to be enforceable. This agreement aims to protect Augusta Lawn Care's interests while also considering the franchisee's future opportunities.