Under the Augusta Lawn Care Guaranty, can payments be made with set-off, deduction or withholding?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.15.5 You hereby expressly agree that the existence of any claims You may have against Augusta Lawn Care or its Related Parties, whether or not arising from this Agreement, shall not constitute a defense to the enforcement by Augusta Lawn Care of the covenants contained in this Agreement. You agree to pay all costs and expenses, including reasonable attorneys' fees, incurred by Augusta Lawn Care in connection with the enforcement of any covenant contained in this Agreement.
11.16 Approval and Guaranty Provision
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 a franchisee has any claims against Augusta Lawn Care, it will not constitute a defense to the enforcement by Augusta Lawn Care of the covenants contained in the agreement. The franchisee agrees to pay all costs and expenses, including reasonable attorneys' fees, incurred by Augusta Lawn Care in connection with the enforcement of any covenant contained in the agreement.
Furthermore, 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 the financial information required by Augusta Lawn Care, 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 the franchisee's payments and performance.
Where required to satisfy Augusta Lawn Care's standards of creditworthiness, or to secure the obligations made under the agreement, the franchisee may be asked to sign the Guaranty. The form of Guaranty appears as Exhibit C to the Agreement.