Under what heading is Section 9.3 of the Augusta Lawn Care franchise agreement found?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
9.2 Franchisee's Condition Right to Transfer
You understand and acknowledge that the rights and duties set forth in this Agreement are personal to You, and that Augusta Lawn Care has granted this franchise in reliance of Your (or, if You are a corporation, partnership, or limited liability company, your principals) business skill, financial capacity and personal character. Accordingly, neither You nor any immediate or remote successor to any part of Your interest in this Agreement, nor any individual, partnership, limited liability company, corporation or other legal entity, which directly or indirectly owns any interest in You, shall sell, assign, transfer, convey, pledge, encumber, merge or give away (collectively, "transfer") this Agreement, any direct or indirect interest in You, or in all or substantially all of the assets of the Franchise without prior written consent of Augusta Lawn Care Any purported assignment or transfer not having the written consent of Augusta Lawn Care, required by Section 9.3, shall be null and void and shall constitute a material breach of this Agreement, for which Augusta Lawn Care may immediately terminate without opportunity to cure pursuant to Section 10.2.1 of this Agreement. The foregoing remedies shall be in addition to any other remedies Augusta Lawn Care may have under this Agreement or at law or in equity.
9.3 Conditions of Transfer
Franchisee shall notify Augusta Lawn Care in writing of any proposed transfer of this Agreement, any direct or indirect interest in You, or in all or substantially all of the assets of Augusta Lawn Care Business, at least thirty (30) days before such transfer is proposed to take place. Augusta Lawn Care shall not unreasonably withhold its consent to any transfer. Augusta Lawn Care may, in its sole discretion, require any or all of the following as conditions of its approval:
- (a) That all of Your accrued monetary obligations and all other outstanding obligations to Franchisor and its affiliates have been satisfied;
- (b) That You are not in default of any provision of this Agreement, any amendment or addendum hereof or successor hereto, or any other agreement between You and Augusta Lawn Care or its affiliates;
- (c) That the transferor shall have executed a general release, in a form prescribed by Augusta Lawn Care, of any and all claims against Augusta Lawn Care and its
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, Section 9.3 of the franchise agreement is found under the heading "Conditions of Transfer." This section outlines the requirements a franchisee must meet should they wish to transfer their franchise to another party.
Specifically, before a transfer can occur, the franchisee must provide Augusta Lawn Care with written notice at least thirty days in advance. Augusta Lawn Care states that it will not unreasonably withhold consent to a transfer. However, Augusta Lawn Care may require certain conditions to be met before approval is granted.
These conditions include ensuring that all monetary and other outstanding obligations to Augusta Lawn Care and its affiliates are satisfied, and that the franchisee is not in default of any provision of the Franchise Agreement or any other agreement with Augusta Lawn Care. Additionally, the transferring franchisee may be required to execute a general release of claims against Augusta Lawn Care.