factual

Is the Canopy Lawn Care agreement deemed a Security Agreement and Financing Statement?

Canopy_Lawn_Care Franchise · 2025 FDD

Answer from 2025 FDD Document

der any Other Agreements is a default under this Agreement. An election not to enforce any such default is not a waiver by Franchisor of any rights or remedies available under law or equity or by contract.

18. SECURITY INTEREST

  • 18.1 Franchisee hereby grants to Franchisor a security interest ("Security Interest") in all Vehicles, accounts, credit card receivables, cash, equipment, and franchise rights of the Lawn Care Business, together with all similar property now owned or hereafter acquired, additions, substitutions, replacements, proceeds, and products thereof, wherever located, used in connection with the Lawn Care Business. All items in which a security interest is granted are referred to as the "Collateral." Franchisor's Security Interest may be subordinated to any financing related to Franchisee's operation of the Lawn Care Business, including, but not limited to, a real property mortgage and Vehicle leases.
  • 18.2 The Security Interest in the Collateral is to secure payment of the following (the "Indebtedness"):
    • (a) All amounts due to Franchisor and its affiliates under this Agreement or otherwise by Franchisee;
    • (b) All sums which Franchisor may, at its option, expend or advance for the maintenance, preservation, and protection of the Collateral, including, without limitation, payment of rent, taxes, levies, assessments, insurance premiums, and discharge of liens, together with interest, or any other property given as security for payment of the Indebtedness;

  • (c) All expenses, including reasonable attorneys' fees, which Franchisor incurs in connection with collecting any or all Indebtedness secured hereby or in enforcing or protecting Franchisor's rights under the Security Interest and this Agreement;

Source: Item 22 — CONTRACTS (FDD page 55)

What This Means (2025 FDD)

According to Canopy Lawn Care's 2025 Franchise Disclosure Document, the Franchisee grants the Franchisor a security interest in the Lawn Care Business.

Specifically, section 18.1 of the franchise agreement states that the franchisee grants Canopy Lawn Care a security interest in all vehicles, accounts, credit card receivables, cash, equipment, and franchise rights of the Lawn Care Business, together with all similar property now owned or hereafter acquired, additions, substitutions, replacements, proceeds, and products thereof, wherever located, used in connection with the Lawn Care Business. All items in which a security interest is granted are referred to as the "Collateral."

The security interest in the collateral is to secure payment of all amounts due to Canopy Lawn Care and its affiliates, all sums which Canopy Lawn Care may expend or advance for the maintenance, preservation, and protection of the collateral, and all expenses, including reasonable attorneys' fees, which Canopy Lawn Care incurs in connection with collecting any or all indebtedness secured. It also covers all other present or future, direct or indirect, absolute or contingent, liabilities, obligations, and the indebtedness of Franchisee to Franchisor or third parties under this Agreement.

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.