What is the role of the 'New Franchisee' in the Augusta Lawn Care assignment approval?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
le. In the event that any section, subsection or portion of this Agreement is unenforceable, it shall not affect the enforceability of any other section, subsection or portion; and each party to this Agreement agrees that the court may impose such limitations on the terms of this Agreement as it deems in its discretion necessary to make such terms enforceable.
EXECUTED on the date stated below.
Date: Signature Print Name
EXHIBIT G TO AUGUSTA LAWN CARE FRANCHISE AGREEMENT
SAMPLE APPROVAL OF REQUESTED ASSIGNMENT
| This Approval of Requested Assignment ("Agreement") is entered into this day of |
|---|
| , |
| 20, |
| between |
| Augusta |
| Franchise |
| LLC |
| ("Franchisor"), |
| ("Former |
| Franchisee"), |
| and |
| ("New Franchisee"). |
| RECITALS |
| WHEREAS, |
| Franchisor and Former Franchisee entered into that certain franchise |
| agreement dated, 20 ("Franchise Agreement"), in which |
| Franchisor granted Franchisor the right to operate an Augusta Lawn Care |
| franchise with a primary |
| operating address of ("Franchised Business"); and |
| WHEREAS, Former Franchisee desires to assign ("Requested Assignment") the |
| Franchised Business to New Franchisee from Former Franchisee, and Franchisor desires to |
| approve the Requested Assignment of the Franchised Business from Former Franchisee to New |
| Franchisee upon the terms and conditions contained in this Agreement. |
NOW THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, the parties hereto covenant, promise and agree as follows:
-
- Payment of Fees. In consideration for the Requested Assignment, Former Franchisee acknowledges and agrees to pay Franchisor the Transfer Fee, as required under the Franchise Agreement ("Franchisor's Assignment Fee").
-
- Consent to Requested Assignment of Franchised Business. Franchisor hereby consents to the Requested Assignment of the Franchised Business from Former Franchisee to New Franchisee upon receipt of the Franchisor's Assignment Fee from Former Franchisee and the mutual execution of this Agreement by all parties. Franchisor waives its right of first refusal set forth in the Franchise Agreement.
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- Termination of Rights to the Franchised Business. The parties acknowledge and agree that all of Former Franchisee's rights to operate the Franchised Business and rights under the Franchise Agreement are hereby relinquished and that from the date of this Agreement only New Franchisee shall have the sole right to operate the Franchised Business. Former Franchisee and its owners agree to comply with all of the covenants in the Franchise Agreement that expressly
or by implication survive the termination, expiration or transfer of the Franchise Agreement. Unless otherwise precluded by state law, Former Franchisee shall execute Franchisor's current form of General Release Agreement, which is attached to this Agreement as Attachment A.
-
- New Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, the 'New Franchisee' is a party in the 'Approval of Requested Assignment' agreement when an existing franchisee desires to assign their franchised business to a new owner. The New Franchisee acknowledges that the transaction to purchase the rights to the franchised business occurred solely between the former and new franchisee, and that Augusta Lawn Care's involvement was limited to approving the assignment and any required actions regarding the New Franchisee signing a new franchise agreement. The New Franchisee also agrees that any claims, disputes, or issues relating to the acquisition of the franchised business are between the New Franchisee and the Former Franchisee, and will not involve Augusta Lawn Care.
The New Franchisee must execute Augusta Lawn Care's current form of Franchise Agreement and attachments, as well as any other required contracts for operating an Augusta Lawn Care franchise, as stated in the Franchise Disclosure Document. The New Franchisee also acknowledges receiving the Franchise Disclosure Document and confirms they did not sign the new Franchise Agreement or pay any money to Augusta Lawn Care or its affiliate until at least 14 calendar days after receiving the Franchise Disclosure Document.
Both the Former Franchisee and the New Franchisee agree to take further actions required to implement the terms and conditions of the assignment agreement, including actions contemplated by the Franchise Agreement. This ensures a smooth transition and adherence to all contractual obligations. The agreement specifies that it is between Augusta Franchise LLC ("Franchisor"), the Former Franchisee, and the New Franchisee, outlining the roles and responsibilities of each party in the transfer process.