Can Augusta Lawn Care unreasonably withhold approval of a replacement manager?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- (g) That the transferee (or, if the transferee is a corporation, partnership or limited liability company, a principal of the transferee acceptable to Augusta Lawn Care) and the transferee's manager (if transferee or transferee's principal will not manage the Augusta Lawn Care Business), at the transferee's expense, have successfully completed any training programs then in effect upon such terms and conditions as Augusta Lawn Care may reasonably require and pay Augusta Lawn Care the thencurrent training fee;
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 31–32)
What This Means (2025 FDD)
According to the 2025 FDD, Augusta Lawn Care has certain rights regarding the approval of a transferee's manager. Specifically, if the franchisee plans to transfer ownership to another party and will not be managing the Augusta Lawn Care business themselves, the replacement manager must be acceptable to Augusta Lawn Care.
Augusta Lawn Care requires that the transferee's manager (if the transferee or transferee's principal will not manage the business) successfully complete any training programs then in effect, at the transferee's expense. The transferee must also pay Augusta Lawn Care the then-current training fee. This requirement ensures that the replacement manager is adequately trained and meets Augusta Lawn Care's standards.
The FDD does not explicitly state that Augusta Lawn Care cannot unreasonably withhold approval of a replacement manager, but it does specify conditions under which a transfer, including the manager, must be acceptable. A prospective franchisee should seek clarification from Augusta Lawn Care on the specific criteria used to evaluate and approve replacement managers to fully understand the approval process and avoid potential issues during a transfer.