What right does an employee waive regarding the Augusta Lawn Care agreement?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
THE PARTIES HERETO AND EACH OF THEM KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY AGREE AS FOLLOWS:
- 11.15.1 Jury Trial. The parties hereto and each of them EXPRESSLY WAIVE(S) THE RIGHT ANY MAY HAVE TO A TRIAL BY JURY IN ANY ARBITRATION, ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, FOR ANY CLAIMS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT, THE NEGOTIATION OF THIS AGREEMENT, THE EVENTS LEADING UP TO THE SIGNING OF THIS AGREEMENT, OR THE BUSINESS RELATIONSHIP RELATING TO THIS AGREEMENT OR THE FRANCHISE, WHETHER BROUGHT IN STATE OR FEDERAL COURT, WHETHER BASED IN CONTRACT THEORY, NEGLIGENCE OR TORT, AND REGARDLESS OF WHETHER OR NOT THERE ARE OTHER PARTIES IN SUCH ACTION OR PROCEEDING. This waiver is effective even if a court of competent jurisdiction decides that the arbitration provision in Section 11.8 is unenforceable. Each party acknowledges that it has had full opportunity to consult with counsel concerning this waiver, and that this waiver is informed, voluntary, intentional, and not the result of unequal bargaining power.
- 11.15.2 Damages Waiver. The parties hereto and each of them EXPRESSLY WAIVE(S) ANY CLAIM FOR PUNITIVE, MULTIPLE AND/OR EXEMPLARY DAMAGES, except that this waiver and limitation shall not apply with respect to (a) your obligation to indemnify Augusta Lawn Care pursuant to any provision of this Agreement, and/or (b) any claims Augusta Lawn Care brings against you and/or your guarantors for unauthorized use of the Marks, unauthorized use or disclosure of any Confidential Information, and any other cause of action under the Lanham Act and Augusta Lawn Care shall be entitled to receive an award of multiple damages, attorneys' fees and all damages as provided by law.
- 11.15.3 The parties hereto and each of them EXPRESSLY AGREE(S) THAT IN THE EVENT OF ANY FINAL DETERMINATION ADJUDICATION OR APPLICABLE ENACTMENT OF LAW THAT PUNITIVE MULTIPLE AND/OR EXEMPLARY DAMAGES MAY NOT BE WAIVED, ANY RECOVERY BY ANY PARTY IN ANY ARBITRATION OR OTHER FORUM SHALL NEVER EXCEED TWO (2) TIMES ACTUAL DAMAGES, except that AUGUSTA LAWN CARE may recover more than two (2)
times its actual damages if you commit acts of willful trademark infringement or otherwise violate the Lanham Act, as provided by law.
- 11.15.4 You hereby expressly waive any and all rights, actions or claims for relief under the Federal Act entitled "Racketeer Influenced and Corrupt Organizations," 18 U.S.C. § 1961, et seq. ("RICO").
- 11.15.5 You hereby expressly agree that the existence of any claims You may have against Augusta Lawn Care or its Related Parties, whether or not arising from this Agreement, shall not constitute a defense to the enforcement by Augusta Lawn Care of the covenants contained in this Agreement. You agree to pay all costs and expenses, including reasonable attorneys' fees, incurred by Augusta Lawn Care in connection with the enforcement of any covenant contained in this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, franchisees and Augusta Lawn Care both waive certain rights. Specifically, Section 11.15 outlines several waivers related to legal proceedings and potential damages. These waivers are mutual, applying to both the franchisee and franchisor. However, the document does not specify any rights waived by an employee.
The franchisee expressly waives the right to a jury trial in any arbitration, action, proceeding, or counterclaim related to the agreement. This waiver applies regardless of whether the claims are based on contract, negligence, or tort, and it remains effective even if the arbitration provision is deemed unenforceable. Both parties also waive any claim for punitive, multiple, and/or exemplary damages, with specific exceptions for the franchisee's indemnification obligations and Augusta Lawn Care's claims related to unauthorized use of marks or confidential information.
Additionally, the franchisee waives rights under the Racketeer Influenced and Corrupt Organizations (RICO) Act. The agreement also stipulates that any claims the franchisee may have against Augusta Lawn Care do not constitute a defense against the enforcement of the covenants within the agreement. These waivers are intended to streamline dispute resolution and limit potential liabilities for both parties. Since the document does not mention employee waivers, it is important to consult with Augusta Lawn Care directly to understand if employees are required to waive any rights.