Is there a non-competition covenant after the Augusta Lawn Care franchise expires, is terminated, or is not renewed?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- (j) You may not sell, or in any way divulge, the client list of Your Augusta Lawn Care Business. Your phone number, email address, website, Google listings, software subscriptions, and client information and contracts, are the property of Augusta Lawn Care and must be transferred to Augusta Lawn Care upon the expiration or termination of this Agreement.
- (l) Franchisee and its Related Parties shall abide by the post-termination restrictive covenants in Section 8.6 of this Agreement.
EXHIBIT E TO AUGUSTA LAWN CARE FRANCHISE AGREEMENT
NONDISCLOSURE, NONSOLICITATION AND NONCOMPETITION AGREEMENT
This Agreement ("Agreement") is entered into by the undersigned ("you") in favor of Augusta Franchise LLC, a Washington limited liability company, and its renewals and assigns ("us"), upon the terms and conditions set forth in this Agreement.
1. Definitions.
"Competitive Business" shall mean any and all businesses that are competitive with Augusta Lawn Care Businesses, including, without limitation, any (a) business that provides services for the establishment, care, and conditioning of lawns or other vegetation, including, but not limited to, trees, shrubbery and other plant life, or any related or ancillary services, (c) other Augusta Lawn Care franchises, (d) any business offering Approved Products and Services of a similar nature to those of the Business, or (e) in any business or entity which franchises, licenses or otherwise grants to others the right to operate such aforementioned businesses described in subparts (a)-(e) of this Section. Furthermore, the Restricted Parties shall not divert, or attempt to divert, any prospective customer to a Competing Business in any manner.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 32–35)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, franchisees are subject to certain post-termination obligations, including restrictive covenants. Upon termination of the Franchise Agreement, the franchisee must immediately and permanently cease operating the Augusta Lawn Care Business and stop using the brand's marks, system, or any confusingly similar marks. Franchisees must also refrain from any action that might give the impression that they are or were affiliated with Augusta Lawn Care.
Additionally, the franchisee is prohibited from selling or divulging the client list of their Augusta Lawn Care Business, as the client list, phone number, email address, website, Google listings, software subscriptions, and client information are the property of Augusta Lawn Care and must be transferred back to the company. Franchisees and their related parties must also abide by the post-termination restrictive covenants outlined in Section 8.6 of the Franchise Agreement.
The FDD also includes an exhibit for a Nondisclosure, Nonsolicitation, and Noncompetition Agreement. This agreement defines a "Competitive Business" as any business competitive with Augusta Lawn Care, including those providing similar lawn care services or any business that franchises similar services. The agreement aims to prevent franchisees from diverting potential customers to a competing business. These post-termination obligations and restrictive covenants are designed to protect Augusta Lawn Care's brand, customer relationships, and competitive advantage after a franchise agreement ends.