What waivers are included in the Augusta Lawn Care Guaranty?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
d bind the parties hereto, and said invalid portions, sections, parts, terms, and/or provisions shall be deemed not to be a part of this Agreement.
11.14 Individual Dispute Resolution – No Class Action or Multi-Party Actions
Any legal action between or among the parties to this Agreement and any of their Related Parties shall be conducted on an individual basis and not on a consolidated or class-wide basis.
11.15 Waiver of Rights
THE PARTIES HERETO AND EACH OF THEM KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY AGREE AS FOLLOWS:
- 11.15.1 Jury Trial. The parties hereto and each of them EXPRESSLY WAIVE(S) THE RIGHT ANY MAY HAVE TO A TRIAL BY JURY IN ANY ARBITRATION, ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, FOR ANY CLAIMS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT, THE NEGOTIATION OF THIS AGREEMENT, THE EVENTS LEADING UP TO THE SIGNING OF THIS AGREEMENT, OR THE BUSINESS RELATIONSHIP RELATING TO THIS AGREEMENT OR THE FRANCHISE, WHETHER BROUGHT IN STATE OR FEDERAL COURT, WHETHER BASED IN CONTRACT THEORY, NEGLIGENCE OR TORT, AND REGARDLESS OF WHETHER OR NOT THERE ARE OTHER PARTIES IN SUCH ACTION OR PROCEEDING. This waiver is effective even if a court of competent jurisdiction decides that the arbitration provision in Section 11.8 is unenforceable. Each party acknowledges that it has had full opportunity to consult with counsel concerning this waiver, and that this waiver is informed, voluntary, intentional, and not the result of unequal bargaining power.
- 11.15.2 Damages Waiver. The parties hereto and each of them EXPRESSLY WAIVE(S) ANY CLAIM FOR PUNITIVE, MULTIPLE AND/OR EXEMPLARY DAMAGES, except that this waiver and limitation shall not apply with respect to (a) your obligation to indemnify Augusta Lawn Care pursuant to any provision of this Agreement, and/or (b) any claims Augusta Lawn Care brings against you and/or your guarantors for unauthorized use of the Marks, unauthorized use or disclosure of any Confidential Information, and any other cause of action under the Lanham Act and Augusta Lawn Care shall be entitled to receive an award of multiple damages, attorneys' fees and all damages as provided by law.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care FDD, several waivers are included in the franchise agreement. Specifically, franchisees waive their right to a jury trial for any disputes related to the agreement, its negotiation, or the business relationship. This waiver applies regardless of whether the claims are based on contract, negligence, or tort law, and it remains effective even if the arbitration provision is deemed unenforceable.
Additionally, franchisees waive any claim for punitive, multiple, or exemplary damages. However, this waiver does not apply to the franchisee's obligation to indemnify Augusta Lawn Care or to claims Augusta Lawn Care brings against the franchisee for unauthorized use of trademarks or confidential information, or for any cause of action under the Lanham Act. In such cases, Augusta Lawn Care is entitled to receive multiple damages, attorneys' fees, and all damages as provided by law.
Furthermore, franchisees expressly waive any rights, actions, or claims for relief under the Racketeer Influenced and Corrupt Organizations (RICO) Act. They also agree that any claims they may have against Augusta Lawn Care will not serve as a defense to the enforcement of the covenants in the agreement. The franchisee is responsible for all costs and expenses, including reasonable attorneys' fees, incurred by Augusta Lawn Care in enforcing any covenant within the agreement.