Does the Augusta Lawn Care Guaranty include a waiver of notice of acceptance?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
If You are a corporation, all officers and shareholders, or, if You are a partnership, all Your general partners, or, if You are a limited liability company, all Your members, shall approve this Agreement, permit You to furnish the financial information required by Augusta Lawn Care , and agree to the restrictions placed on them including restrictions on the transferability of their interests in the franchise and the Augusta Lawn Care Business and limitations on their rights to compete, and sign separately a Guaranty, guaranteeing Your payments and performance. Where required to satisfy our standards of creditworthiness, or to secure the obligations made under this Agreement, You may be asked to sign the Guaranty. Our form of Guaranty appears as Exhibit C to this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care FDD, the franchise agreement includes an approval and guaranty provision. Specifically, if the franchisee is a corporation, all officers and shareholders must approve the agreement and agree to certain restrictions, including those on the transferability of their interests and rights to compete. They must also sign a separate Guaranty, ensuring the franchisee's payments and performance.
The FDD states that Augusta Lawn Care may require a franchisee to sign the Guaranty to satisfy creditworthiness standards or to secure obligations under the agreement. The form of Guaranty is included as Exhibit C to the agreement.
The FDD does not explicitly state whether the Guaranty includes a waiver of notice of acceptance. A prospective Augusta Lawn Care franchisee should carefully review Exhibit C and consult with a legal professional to fully understand the terms and conditions of the Guaranty, including whether it contains such a waiver.