Can Augusta Lawn Care unreasonably withhold approval of advertising materials?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to submit to Augusta Lawn Care copies of all advertising materials that You propose to use at least two weeks before the first time they are broadcast or published. Augusta Lawn Care will review the materials within a reasonable time and will promptly notify You in writing as to whether it approves or rejects them. Augusta Lawn Care may not withhold its approval unreasonably. For purposes of this paragraph, advertising materials that differ from previously approved materials only in such variables as date or price will be considered to be previously approved. Even if Augusta Lawn Care approves specified materials, it may later withdraw its approval in its sole and absolute discretion, including, without limitation, if it reasonably believes this is necessary to make the advertising conform to changes in the System or to correct unacceptable features of the advertising, including any misrepresentation in the advertising material.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, franchisees must submit all advertising materials to Augusta Lawn Care for review at least two weeks before their intended use. Augusta Lawn Care will then review these materials within a reasonable timeframe and provide written approval or rejection.
Importantly, Augusta Lawn Care "may not withhold its approval unreasonably." This clause protects franchisees from arbitrary denial of advertising materials. However, even if Augusta Lawn Care initially approves materials, it retains the right to withdraw approval later if it believes it's necessary to align the advertising with changes in the Augusta Lawn Care system or to correct unacceptable features, including misrepresentations.
This process is fairly standard in franchising, allowing Augusta Lawn Care to maintain brand consistency and ensure advertising accuracy across all franchise locations. The clause preventing unreasonable withholding of approval provides some assurance to franchisees, but they must still adhere to Augusta Lawn Care's standards and be prepared for potential revisions or withdrawals of approval. Franchisees should maintain open communication with Augusta Lawn Care regarding advertising materials to avoid potential issues.