Does the Augusta Lawn Care sample confidentiality agreement specify who owns the Intellectual Property?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
"Franchisee" means the Augusta Lawn Care franchisee for whom you are an officer, director, employee or independent contractor.
"Intellectual Property" means, collectively or individually, our Marks, Copyrights, Knowhow and System.
"Know-how" means all of our trade secrets and other proprietary information relating to the development, construction, marketing and/or operation of an Augusta Lawn Care Business, including, but not limited to, methods, techniques, specifications, proprietary practices and procedures, policies, marketing strategies and information comprising the System and the Manual.
"Manual" means our confidential operations manual for the operation of an Augusta Lawn Care Business.
"Marks" means the logotypes, service marks, and trademarks now or hereafter involved in the operation of an Augusta Lawn Care Business, including "Augusta Lawn Care", and any other trademarks, service marks or trade names that we designate for use by an Augusta Lawn Care Business. The term "Marks" also includes any distinctive trade dress used to identify an Augusta Lawn Care Business, whether now in existence or hereafter created.
"Prohibited Activities" means any or all of the following: (i) owning, operating or having any other interest (as an owner, partner, director, officer, employee, manager, consultant, shareholder, creditor, representative, agent or in any similar capacity) in a Competitive Business (other than owning an interest of five percent (5%) or less in a publicly traded company that is a Competitive Business) within a 25 mile radius of another Augusta Lawn Care business; (ii) diverting or attempting to divert any business from us (or one of our affiliates or franchisees); and/or (iii) inducing (a) any of our employees or managers (or those of our affiliates or franchisees) to leave their position or (b) any customer of ours (or of one of our affiliates or franchisees) to transfer their business to you or to any other person that is not then a franchisee of ours.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, the sample confidentiality agreement included as Exhibit F defines Intellectual Property and specifies ownership. The agreement defines "Intellectual Property" as collectively or individually including Augusta Lawn Care's Marks, Copyrights, Know-how, and System. The agreement emphasizes the importance of protecting this Intellectual Property for the success of Augusta Lawn Care and its franchisees.
The confidentiality agreement states that employees or independent contractors of an Augusta Lawn Care franchisee may gain knowledge of Augusta Lawn Care's System and Know-how. To protect Augusta Lawn Care's interests, the agreement restricts the use of Know-how to only the Augusta Lawn Care Business operated by the franchisee. It also requires maintaining the confidentiality of the Know-how, preventing unauthorized copies, and ceasing use of the Know-how upon termination of employment or contract.
Furthermore, the agreement explicitly prohibits the use of Intellectual Property for any purpose outside the employee's or contractor's duties for the franchisee. This is to ensure that the Intellectual Property remains exclusive to Augusta Lawn Care and its authorized franchisees. The agreement also extends to immediate family members, preventing disclosure of Know-how to avoid circumvention of the agreement's purpose. In summary, the confidentiality agreement is designed to protect Augusta Lawn Care's Intellectual Property by restricting its use and maintaining its confidentiality among those associated with its franchisees.