Is abandonment of the Canopy Lawn Care franchise considered a non-curable default?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
With respect to franchises governed by Minnesota Franchise Law, franchisor shall comply with Minn. Stat. Sec. 80C.14, subd. 3 which requires that except for certain specified cases, a franchisee be given 90 days' notice of termination (with 60 days to cure). Termination of the franchise by the franchisor shall be effective immediately upon receipt by franchisee of the notice of termination where its grounds for termination or cancellation are: (1) voluntary abandonment of the franchise relationship by the franchisee; (2) the conviction of the franchisee of an offense directly related to the business conducted according to the Franchise Agreement; or (3) failure of the franchisee to cure a default under the Franchise Agreement which materially impairs the goodwill associated with the franchisor's trade name, trademark, service mark, logo type or other commercial symbol after the franchisee has received written notice to cure of at least twenty-four (24) hours in advance thereof.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 45–47)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, in the state of Minnesota, voluntary abandonment of the Canopy Lawn Care franchise relationship by the franchisee is grounds for immediate termination of the franchise agreement.
Specifically, Canopy Lawn Care can terminate the franchise immediately if the franchisee voluntarily abandons the franchise. In addition to voluntary abandonment, immediate termination is permissible if the franchisee is convicted of an offense directly related to the business or fails to cure a default that materially impairs the goodwill associated with Canopy Lawn Care's brand after receiving at least 24 hours' written notice to cure.
This means that outside of Minnesota, abandonment may be a curable offense with a specific notice and cure period, but the FDD does not specify the cure period. A prospective Canopy Lawn Care franchisee should consult the franchise agreement and speak with the franchisor to fully understand the conditions under which abandonment is considered a non-curable default in their specific state.