Under what circumstances is an Augusta Lawn Care franchisee allowed to cease operating the Augusta Lawn Care Business?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
e specified time, or such longer period as applicable law may require, this Agreement shall terminate without further notice to You effective immediately upon the expiration of the thirty (30) day period or such longer period as applicable law may require.
10.3 Rights and Obligations After Termination or Expiration
Upon termination of this Agreement for any reason, the parties will have the following rights and obligations:
(a) Augusta Lawn Care will have no further obligations under this Agreement.
(b) You shall pay Augusta Lawn Care a fee of, at least, Five Thousand Dollars ($5,000) to account for our legal and/or administrative costs;
(c) You shall give the final accounting for the Augusta Lawn Care Business, pay Augusta Lawn Care within thirty (30) days after termination all payments due to Augusta Lawn Care, and return the Manual and any other property belonging to Augusta Lawn Care.
(d) You shall immediately and permanently cease to operate the Augusta Lawn Care Business. You shall immediately and permanently stop using the Marks or any confusingly similar marks, the System, or any advertising, signs, stationery, or forms that bear identifying marks or colors that might give others the impression that You are operating an Augusta Lawn Care Business, You shall refrain from any statement or action that might give others the impression that You are or ever were affiliated with the Augusta Lawn Care Franchise Network.
(e) You shall promptly sign any documents and take any steps that, in the judgment of Augusta Lawn Care, are necessary to delete Your listings from classified telephone directories, disconnect, or, at Augusta Lawn Care's option, assign the Augusta Lawn Care all telephone numbers that have been used in the Augusta Lawn Care Business, and terminate all other references that indicate You are or ever were affiliated with Augusta Lawn Care or an Augusta Lawn Care Business. By signing this Agreement, You irrevocably appoint Augusta Lawn Care as Your attorney-infact to take the actions described in this paragraph if You do not do so Yourself within seven (7) days after termination of this Agreement. You further irrevocably assign Your telephone numbers listed on Exhibit A, or hereinafter acquired for the operation of Your Augusta Lawn Care Business, to Augusta Lawn Care.
(f) You shall maintain all records required by Augusta Lawn Care under this Agreement for a period of not less than five (5) years after final payment of any amounts You owe to Augusta Lawn Care when this Agreement is terminated (or such longer period as required by applicable law).
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, a franchisee must immediately and permanently cease to operate the Augusta Lawn Care business upon termination of the Franchise Agreement for any reason. This obligation is outlined in Section 10.3, detailing the rights and obligations following termination or expiration of the agreement.
In addition to ceasing operations, the franchisee is obligated to discontinue using Augusta Lawn Care's Marks, the System, or any advertising that could give the impression of affiliation with Augusta Lawn Care. The franchisee must also take necessary steps to remove their listings from telephone directories and terminate any references indicating a past or present affiliation with Augusta Lawn Care. Furthermore, Augusta Lawn Care may appoint itself as the franchisee's attorney-in-fact to ensure these actions are completed, especially if the franchisee fails to do so within seven days after termination.
However, there is an exception related to relocation. An Augusta Lawn Care franchisee may temporarily cease operations for no more than one day, but only for the purpose of moving equipment from an old approved location to a new one, provided that Augusta Lawn Care has given prior written consent for the relocation and all other conditions for relocation are met. These conditions include being in good standing, executing a new franchise agreement, securing a site outside another franchisee's territory, and equipping the new location to meet current standards. This exception allows for a brief interruption in operations to facilitate an approved relocation of the business.