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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 117370
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I'm dealing with an advertising contract with an

Customer Question

I'm dealing with an advertising contract with an auto-renewal clause. I was not informed of the renewal date. I'd like to challenge it. How do I do that?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that OH does not have an "evergreen law" or "automatic renewal" law that mandates the form or the notice or whether or not notice must ever be given. Under OH law, the courts hold the parties are free to contract and that if the contract contains an auto renewal clause, it would be enforced. See: McGowan v. DM Group IX (1982), 7 Ohio App.3d 349.

The courts hold both parties who signed a contract are imputed with the knowledge of the terms and conditions of the contract, which is why notice of the renewal was required.

However, you can still seek to challenge it based on their breach of the contract and not providing the services they agreed to perform. You say they are not performing as agreed upon, which is grounds for you to sue to terminate the contract based on you breaching that contract in not performing.

You would have to pursue this under breach of contract if there are no other clauses in the lease you can rely upon to get out of the contract.