factual

Who does the Canopy Lawn Care agreement benefit, besides the Lessor and Lessee?

Canopy_Lawn_Care Franchise · 2025 FDD

Answer from 2025 FDD Document

r, Servicer of Lessor, or any direct or indirect subsidiary of Servicer of Lessor, Enterprise Holdings, Inc. or a subsidiary or af liate of Enterprise Holdings, Inc. For purposes of this Section 14, the term "guarantor" shall mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement.

Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor's independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns by reason of Lessee's default including, to the extent permitted by applicable law, all costs and expenses, including court costs and reasonable attorneys' fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns in attempting or effecting enforcement of Lessor's rights under this Agreement (whether or not litigation is commenced) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee's rights under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (ii) the calculations described in the rst two sentences of Section 3(c) shall be made without giving effect to clause (ii) in each such sentence); and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code, any other applicable law or in equity. Lessor has an absolute right to recoup any obligations Lessor would owe to Lessee under this Agreement against any obligations of Lessee to Lessor under this Agreement including, without limitation, under Sections 3, 5, 8, 10 and 12 of this Agreement. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee's obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative.

  1. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity.

Source: Item 23 — RECEIPT (FDD pages 55–199)

What This Means (2025 FDD)

According to the 2025 Canopy Lawn Care Franchise Disclosure Document, several entities besides the Lessor and Lessee may benefit from the agreement. Specifically, the agreement extends certain protections and rights to the Servicer and any other agents of the Lessor, as well as their respective successors or assigns. These parties are not liable to the Lessee for any losses, damages, or expenses arising from the use or condition of the vehicles.

Furthermore, the agreement states that upon an event of default, the Lessor, Servicer, any other agent of the Lessor, and any of the Lessor's independent contractors have the right to repossess the vehicles. They can also recover damages and expenses sustained due to the Lessee's default, including court costs and reasonable attorney's fees. This indicates that these entities have a vested interest in the Lessee's compliance with the agreement and are protected in case of default.

Additionally, the Lessee is obligated to cooperate with the Lessor, Servicer, any other agent of the Lessor, and any insurance carriers in the investigation, defense, and prosecution of claims or suits related to the use or operation of any vehicle. This cooperation ensures that these parties are supported in handling any legal issues that may arise, further highlighting the broad range of beneficiaries beyond just the Lessor and Lessee.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.