Under what conditions can the Augusta Lawn Care franchise agreement be modified?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
through franchised or non-franchised businesses, at wholesale or retail, within and outside the Approved Territory.
4.4 Relocation
At Augusta Lawn Care's option, You may relocate the Augusta Lawn Care Business, with Augusta Lawn Care's prior written consent, if all of the following conditions are met:
(a) You and Your Related Parties are in Good Standing under this Agreement and any other Agreement between Augusta Lawn Care and You, and You and Your Related Parties are in compliance with all provisions of the Manual;
(b) You and any of Your Related Parties that have signed this Agreement have agreed to cancel this Agreement and execute a new Franchise Agreement in the form that is currently effective at the time of relocation (with a term equal to the thenremaining term of this Agreement);
(c) You have secured a site that is not located in another Augusta Lawn Care franchisee's approved Territory, and which meets our then-current size and demographic requirements;
(d) You agree to equip and furnish Your new Augusta Lawn Care Business so that the Business meets the standards of appearance and function applicable to new Augusta Lawn Care Businesses at the time of relocation;
(e) You and Your Related Parties that are parties to this Agreement shall have executed a general release, in a form satisfactory to Augusta Lawn Care, of any and all claims against Augusta Lawn Care and its Related Parties, affiliates, successors and assigns, and their respective directors, officers, shareholders, partners, agents, representatives, servants and employees in their corporate and individual capacities, including, without limitation, claims arising under this Agreement, any other agreement between You and Augusta Lawn Care or its affiliates, and federal, state, and local laws and rules; and
(f) You may cease to operate the Augusta Lawn Care Business for no more than one (1) day only for the purposes of moving all equipment from the old Approved Location to the new approved location for the Augusta Lawn Care Business.
4.5 Term and Renewal
4.5.1 Initial Term
Except as otherwise provided herein the initial term of this Agreement shall commence on the Effective Date and shall expire on the date that is ten (10) years from the Effective Date (the "Term Expiration Date").
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, the franchise agreement can be modified under specific conditions related to relocation and renewal.
During relocation of the Augusta Lawn Care business, the franchisee must meet several conditions, including being in good standing with Augusta Lawn Care, complying with the operations manual, securing a site that is not within another franchisee's territory and meets size and demographic requirements, and agreeing to equip the new business to current standards. Critically, the franchisee must agree to cancel the existing agreement and execute a new Franchise Agreement that is currently effective at the time of relocation, with a term equal to the remaining term of the original agreement. Additionally, the franchisee must execute a general release of claims against Augusta Lawn Care.
Upon renewal of the franchise agreement, the franchisee must also sign a copy of the then-current Franchise Agreement. The FDD explicitly states that the provisions in the renewed agreement may differ materially from the original, potentially including increased royalties, advertising fees, and other costs. The franchisee's right to renew is contingent upon accepting these new provisions and signing the updated franchise agreement.
These clauses ensure that Augusta Lawn Care can update its franchise terms and standards over time, while requiring franchisees to adapt to these changes if they wish to continue operating under the brand. Franchisees should carefully consider these modification conditions, especially the potential for increased fees and altered terms upon renewal or relocation.