What subsection of Section 9.3 in the Augusta Lawn Care franchise agreement is deleted in its entirety?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Under Section 9.3 of the Agreement, under the heading "Conditions of Transfer," the subsection 9.3(c) shall be deleted in its entirety and shall have no force or effect, and the following shall be substituted in lieu thereof:
- (c) That the transferor shall have executed a general release, in a form prescribed by Augusta Franchise LLC, of any and all claims against Augusta Franchise LLC and its affiliates, and their respective officers, directors, agents, shareholders, and employees, provided, however, that all rights enjoyed by Franchisee/transferor, and any causes of action arising in its favor from the provisions of New York General Business Law Sections 680-695, and the regulations issued thereunder, shall remain in force, it being the intent of this provision that the non-waiver provisions of New York General Business Law Sections 687.4 and 687.5 be satisfied.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, subsection 9.3(c) of the franchise agreement, under the heading "Conditions of Transfer," is deleted in its entirety and replaced with a new subsection.
The original subsection 9.3(c) requires the transferor to execute a general release, in a form prescribed by Augusta Lawn Care, of any and all claims against Augusta Lawn Care and its affiliates, and their respective officers, directors, agents, shareholders, and employees. The replacement subsection includes a provision that all rights enjoyed by the franchisee/transferor, and any causes of action arising in its favor from the provisions of New York General Business Law Sections 680-695, and the regulations issued thereunder, shall remain in force. The intent of this provision is to satisfy the non-waiver provisions of New York General Business Law Sections 687.4 and 687.5.
This change ensures that while a transferor must release claims against Augusta Lawn Care, they do not waive rights or causes of action protected under New York law, specifically related to franchise regulations. This is particularly relevant if the franchisee is domiciled in New York or the Augusta Lawn Care business will be opening in New York, as these circumstances may fall under the scope of the New York General Business Law, Article 33.