Does Augusta Lawn Care retain all rights not expressly granted to me in the Augusta Lawn Care Franchise Agreement?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Augusta Lawn Care retains all rights that are not expressly granted to you under this Agreement. Without limiting this broad retention, and without granting You any rights therein, Augusta Lawn Care shall have the right to:
- (a) Operate an Augusta Lawn Care concept at a trade show booth, or similar temporary location, within Your Approved Territory for up to fifteen (15) consecutive days;
- (b) Offer Augusta Lawn Care franchises to others for any site outside Your Approved Territory regardless of how close the site is to Your Approved Territory;
- (c) Sell, rent and distribute any Proprietary Services directly or indirectly, and/or license others to sell and distribute, any Proprietary Services, directly or indirectly, from any location to any purchaser (including, but not limited to, sales made to purchasers in the Approved Territory through retail establishments, mail order, independent distributors, wholesale distribution, phone order, and on the Internet, and/or sales to delivery customers), except that Augusta Lawn Care shall not do so from an Augusta Lawn Care Business inside the Approved Territory;
- (d) Develop, operate, and franchise others to operate, any business concept except an Augusta Lawn Care Business at any place, including within the Approved Territory, and use the Marks or any other trademarks owned, licensed, or developed by Augusta Lawn Care or its Affiliates in connection with those concepts, even if such concepts sell products and services similar to, the same as or competitive with, the Proprietary Services;
- (e) In its sole discretion, approve or disprove other franchisees' requests to purchase local advertising that penetrates Your Approved Territory; and
- (f) Merge with, acquire or be acquired by, any business of any kind under other systems and/or other marks, which business may offer, sell, operate or distribute and/or license others to offer, sell, operate and distribute goods and services through franchised or non-franchised businesses, at wholesale or retail, within and outside the Approved Territory.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, Augusta Lawn Care retains all rights that are not expressly granted to the franchisee in the franchise agreement. This means that while the franchisee is granted specific rights to operate an Augusta Lawn Care Business within their approved territory, Augusta Lawn Care maintains control over aspects of the brand and business model not explicitly transferred to the franchisee.
Specifically, Augusta Lawn Care has the right to operate an Augusta Lawn Care concept at a trade show booth within the franchisee's approved territory for up to 15 consecutive days. They can also offer Augusta Lawn Care franchises to others outside the franchisee's approved territory, regardless of proximity. Augusta Lawn Care retains the right to sell, rent, and distribute any proprietary services directly or indirectly, and/or license others to do so, from any location to any purchaser, except from an Augusta Lawn Care Business inside the approved territory.
Furthermore, Augusta Lawn Care can develop, operate, and franchise other business concepts (except another Augusta Lawn Care Business) at any place, including within the approved territory, and use their trademarks in connection with those concepts, even if they compete with the franchisee's services. Augusta Lawn Care also has the discretion to approve or disapprove other franchisees' requests to purchase local advertising that penetrates the franchisee's approved territory. Finally, Augusta Lawn Care can merge with, acquire, or be acquired by any business, even if that business operates within the franchisee's territory.