Is an Augusta Lawn Care franchisee obligated to spend money on local advertising?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
While you are not obligated to spend on local advertising, if you do, you must submit to us, for our approval, all media and materials to be used for local advertising, unless the media and/or materials have been approved before or unless we provided the materials to you. All materials containing our proprietary marks must include the designation service mark SM, trademark ™, registered trademark ®, copyright ©, or any other designation we specify. If you do not receive written or oral approval of any materials submitted within 30 days from the date we receive the materials, the materials are disapproved. We may require you to withdraw and/or discontinue the use of any promotional materials or advertising, even if previously approved. We must make this requirement in writing, and you have 5 days after receipt of our notice to withdraw and/or discontinue use of the materials or advertising. Your submission of advertising for our approval does not affect your right to determine the prices at which you sell your services.
You may have as many telephone numbers and telephone directory listing for the franchised business as you choose; however, you acknowledge and agree that we will own all rights and interest in each telephone number (regardless of whether such telephone number pre-existed any franchise agreement) and telephone directory listing, email address, domain name, social media platform, and comparable electronic identify that is associated in any manner with your Franchise and/or with any Mark ("Listing"). You acknowledge and agree that all goodwill arising from or in connection with the use of each Listing will inure to our benefit. Promptly after expiration, termination, repurchase or transfer of the Franchise, you will notify each telephone or Internet Service Provider ("ISP") with whom you have any Listing and direct them to transfer the Listing to us, or any persons we designate, at your expense; and you agree to execute all documents necessary to complete these transfers.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 21–27)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, franchisees are not required to spend money on local advertising. However, if an Augusta Lawn Care franchisee chooses to engage in local advertising, they must submit all advertising media and materials to Augusta Lawn Care for approval, unless the materials have been previously approved or provided by the company.
Augusta Lawn Care retains the right to disapprove any submitted advertising materials if written or oral approval is not provided within 30 days of submission. Even if materials are previously approved, Augusta Lawn Care can require a franchisee to withdraw or discontinue the use of any promotional materials or advertising, provided they make this requirement in writing and give the franchisee 5 days to comply.
While franchisees have the autonomy to determine the prices at which they sell their services, Augusta Lawn Care maintains ownership of all rights and interests in telephone numbers, directory listings, email addresses, domain names, social media platforms, and comparable electronic identities associated with the franchise. Upon expiration, termination, repurchase, or transfer of the franchise, the franchisee is responsible for transferring these listings to Augusta Lawn Care or their designee at the franchisee's expense.