Can Augusta Lawn Care unilaterally modify the terms of the franchise agreement?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
ng under this Agreement, any other agreement between You and Augusta Lawn Care or its affiliates, and federal, state, and local laws and rules.
The provisions of the standard franchise agreement in use by Augusta Lawn Care at the time of renewal may be materially different than those contained in this Agreement, including, but not limited to, provisions for increased royalties, advertising, and other fees. You hereby acknowledge and agree that Your right to renew this Agreement shall be contingent upon Your execution of the then-current form of franchise agreement and acceptance of the new provisions.
5. SERVICES TO FRANCHISEE
Augusta Lawn Care agrees to perform the following services for You provided that You are, at the time when service is to be rendered, in Good Standing under this Agreement, any other agreement with Augusta Lawn Care, and You are in compliance with the Manual.
5.1 Training
5.1.1 Initial Training
Before the opening of Your Augusta Lawn Care Business, Augusta Lawn Care will conduct an initial training program concerning the operation of the Augusta Lawn Care Business under the Augusta Lawn Care System for Your Operating Principal and manager, if any, if you are a legal entity, or You and your manager, if any, if you are an individual.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care FDD, Augusta Lawn Care can modify the franchise agreement under specific circumstances, particularly upon renewal or relocation. The standard franchise agreement in use by Augusta Lawn Care at the time of renewal may include materially different terms than the original agreement, potentially involving increased royalties, advertising, and other fees. A franchisee's right to renew is contingent upon executing the then-current form of the franchise agreement and accepting the new provisions.
Additionally, if a franchisee wishes to relocate their Augusta Lawn Care Business, Augusta Lawn Care may require them to execute a new Franchise Agreement in the form that is currently effective at the time of relocation. The term of the new agreement will be equal to the then-remaining term of the original agreement.
Augusta Lawn Care also states that they may waive or modify comparable provisions of other franchise agreements granted to other System franchisees in a non-uniform manner. This means that the terms and conditions for different franchisees might not be the same, and Augusta Lawn Care retains the discretion to make these changes. A prospective franchisee should consider these factors and seek legal counsel to fully understand the implications of these provisions before entering into a franchise agreement with Augusta Lawn Care.