Can Augusta Lawn Care shorten the duration of the restricted period for a franchisee?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
"Restricted Period" means the two (2) year period after you cease to be a manager of Franchisee's Augusta Lawn Care Business; provided, however, that if a court of competent jurisdiction determines that this period of time is too long to be enforceable, then the "Restricted Period" means the one (1) year period after you cease to be a manager or officer of Franchisee's Augusta Lawn Care Business.
If you engage in any Prohibited Activities during the Restricted Period, then you agree that your Restricted Period will be extended by the period of time during which you were engaging in the Prohibited Activity.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, the standard restricted period is two years after a franchisee ceases to be a manager of the Augusta Lawn Care business. However, this period can be shortened under specific circumstances.
Specifically, if a court determines that the two-year period is too long to be enforceable, the restricted period will automatically be reduced to one year. This provision provides a built-in mechanism to ensure the enforceability of the non-compete agreement, aligning it with potential legal interpretations.
Additionally, if a franchisee engages in prohibited activities during the restricted period, that period will be extended by the length of time the franchisee was engaged in those activities. This clause serves as a deterrent against violating the non-compete terms and protects Augusta Lawn Care's interests by prolonging the restriction if a franchisee attempts to circumvent it. This does not shorten the period, but rather extends it if a franchisee violates the agreement.