Under what circumstances does the damages waiver in the Augusta Lawn Care agreement NOT apply to the franchisee?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.15.2 Damages Waiver. The parties hereto and each of them EXPRESSLY WAIVE(S) ANY CLAIM FOR PUNITIVE, MULTIPLE AND/OR EXEMPLARY DAMAGES, except that this waiver and limitation shall not apply with respect to (a) your obligation to indemnify Augusta Lawn Care pursuant to any provision of this Agreement, and/or (b) any claims Augusta Lawn Care brings against you and/or your guarantors for unauthorized use of the Marks, unauthorized use or disclosure of any Confidential Information, and any other cause of action under the Lanham Act and Augusta Lawn Care shall be entitled to receive an award of multiple damages, attorneys' fees and all damages as provided by law.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, the franchisee's waiver of rights regarding punitive, multiple, and exemplary damages does not apply in specific situations.
The waiver does not apply to the franchisee's obligation to indemnify Augusta Lawn Care as required by any provision within the franchise agreement. This means that if the franchisee is obligated to protect Augusta Lawn Care from losses or damages, the franchisee cannot claim a waiver of rights to avoid those obligations.
Additionally, the damages waiver does not apply to any claims Augusta Lawn Care brings against the franchisee or their guarantors for unauthorized use of the Augusta Lawn Care marks, unauthorized use or disclosure of confidential information, or any cause of action under the Lanham Act. In these cases, Augusta Lawn Care is entitled to receive an award of multiple damages, attorneys' fees, and all damages as provided by law, despite the general waiver. This protects Augusta Lawn Care's brand and proprietary information.