Does the Augusta Lawn Care Guaranty include a waiver of protest and notice of default?
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, if the franchisee is a corporation, all officers and shareholders, or if a partnership, all general partners, or if a limited liability company, all members, must approve the agreement. They must also permit the franchisee to furnish required financial information and agree to restrictions, including those on transferring interests and competing. These individuals must also sign a Guaranty, ensuring the franchisee's payments and performance. The FDD states that Exhibit C contains the Augusta Lawn Care form of Guaranty.
The FDD does not explicitly state whether the Guaranty includes a waiver of protest and notice of default. The document does state that the franchisee waives rights to a jury trial and claims for punitive, multiple, and exemplary damages. The franchisee also agrees that any claims against Augusta Lawn Care will not be a defense to the enforcement of covenants in the agreement and that the franchisee will cover Augusta Lawn Care's enforcement costs, including attorney's fees.
Because the FDD does not specify whether the Guaranty includes a waiver of protest and notice of default, a prospective franchisee should carefully review Exhibit C, the form of Guaranty, and seek legal counsel to fully understand the obligations and potential liabilities under the Guaranty. It is important to understand the full scope of the waivers and guarantees required by Augusta Lawn Care.