What rights does Augusta Lawn Care retain despite the arbitration clause?

According to the 2025 Augusta Lawn Care FDD, the arbitration clause does not deprive Augusta Lawn Care of the right to seek provisional injunctive relief from a court of competent jurisdiction. This means that even if disputes are generally subject to arbitration, Augusta Lawn Care can still go to court to obtain temporary orders, like injunctions, to protect its interests while the arbitration is ongoing.

This is a significant right for Augusta Lawn Care because it allows them to quickly address situations that could cause immediate harm, such as a franchisee violating the terms of the franchise agreement or infringing on Augusta Lawn Care's trademarks. Injunctive relief can prevent further damage while the underlying dispute is being resolved through arbitration.

Furthermore, the FDD specifies several other rights Augusta Lawn Care retains, including operating at trade shows within a franchisee's territory for up to 15 days, offering franchises outside a franchisee's territory, selling proprietary services directly or indirectly, developing other business concepts (except another Augusta Lawn Care Business) even within a franchisee's territory, approving or disapproving other franchisees' local advertising that penetrates a franchisee's territory, and merging with or being acquired by another business. These retained rights highlight that the franchise agreement grants franchisees specific, limited rights, while Augusta Lawn Care maintains control over various aspects of its brand and business operations.