Are there any representations that Augusta Lawn Care is permitted to make unilaterally under the agreement?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement and all exhibits to this Agreement, constitute the entire agreement between the parties. This Agreement supersedes any and all prior negotiations, understandings representations and agreements. No representations have induced You to execute this Agreement with Augusta Lawn Care Except for those permitted to be made unilaterally by Augusta Lawn Care hereunder,
no amendment, change, or variance from this Agreement shall be binding on either party unless mutually agreed to by the parties and executed by their authorized officers or agents in writing.
Notwithstanding the foregoing, nothing in this Agreement shall disclaim or require You to waive reliance on any representation that Augusta Lawn Care made in the most recent disclosure document (including its exhibits and amendments) (the "FDD") that Augusta Lawn Care delivered to You or Your representative, subject to any agreed-upon changes to the contract terms and conditions described in that disclosure document and reflected in this Agreement (including any riders or addenda signed at the same time as this Agreement).
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 FDD, the franchise agreement between Augusta Lawn Care and its franchisees states that no representations have induced the franchisee to execute the agreement, except for those permitted to be made unilaterally by Augusta Lawn Care under the agreement. This means that Augusta Lawn Care can make certain representations on its own without requiring mutual agreement from the franchisee.
However, the franchise agreement also specifies that nothing in the agreement disclaims or requires the franchisee to waive reliance on any representation that Augusta Lawn Care made in the most recent Franchise Disclosure Document (FDD). This includes exhibits and amendments, subject to any agreed-upon changes to the contract terms and conditions described in that disclosure document and reflected in the agreement.
In practical terms, this clause suggests that while Augusta Lawn Care can make some unilateral representations, the franchisee still has the right to rely on the information provided in the FDD. It is important for prospective franchisees to carefully review the FDD and any related documents to understand the full scope of representations made by Augusta Lawn Care and their rights regarding those representations.