Is there a fiduciary duty between an Augusta Lawn Care franchisee and Augusta Lawn Care?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
party has the right to bind the other. No act or assistance by either party to the other pursuant to this Agreement may be construed to alter this relationship. You are solely responsible for compliance with all federal, state, and local laws rules and regulations, and for complying with Augusta Lawn Care policies, practices, and decisions relating to the operation of the Augusta Lawn Care Business. You shall rely on Your own knowledge and judgment in making business decisions, subject only to the requirements of this Agreement and the Manual. You may not expressly or implicitly hold Yourself out as an employee, partner, shareholder, member, jointventurer or representative of Augusta Lawn Care, nor may You expressly or implicitly state or suggest that You have the right or power to bind Augusta Lawn Care, or to incur any liability on Augusta Lawn Care's behalf. You may not use the Trade Name or Marks as part of Your corporate name limited liability company name or limited partnership name. There is no fiduciary duty between You and Augusta Lawn Care.
8.3 Display of Disclaimer
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 FDD, there is no fiduciary duty between an Augusta Lawn Care franchisee and Augusta Lawn Care. The agreement explicitly states that the franchisee and franchisor are independent parties and not fiduciaries.
This means that Augusta Lawn Care does not have a legal obligation to act in the best interest of the franchisee, beyond the normal responsibilities of a seller in a business transaction. The franchisee is responsible for making their own business decisions and complying with Augusta Lawn Care's policies.
The franchisee cannot represent themselves as an employee, partner, or representative of Augusta Lawn Care. They must make it clear that they are an independently owned and operated franchise. This is to ensure that customers and other parties understand that the franchisee is a separate legal entity and is responsible for their own actions.
Prospective franchisees should be aware of this independent relationship and understand that they are responsible for their own success. They should conduct their own due diligence and seek professional advice before investing in an Augusta Lawn Care franchise.