Which articles of the Canopy Lawn Care Franchise Agreement survive termination or expiration?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
onsist of more than one legal entity, Franchisee's liability hereunder shall be both joint and several. A breach hereof by one such entity or Franchisee shall be deemed to be a breach by both or all.
- 17.10 Franchisee agrees that upon termination or expiration of this Agreement, it shall take the following action:
- (a) Immediately discontinue the use of all Marks, signs, structures, forms of advertising, telephone listings, facsimile numbers, e-mail addresses, the Manual, and all materials, Products and Services of any kind which are identified or associated with the System and return all these materials and Products to Franchisor;
- (b) Immediately turn over to Franchisor all materials, including the Manual, customer lists, records, files, instructions, brochures, advertising materials, agreements, Confidential Information, Trade Secrets and any and all other materials provided by Franchisor to Franchisee or created by a third party for Franchisee relating to the operation of the Business (all of which are acknowledged to be Franchisor's property). Under no circumstances shall Franchisee retain any printed or electronic copies of the Manual, Confidential Information or Trade Secrets or portions thereof upon expiration or termination of this Agreement;
- (c) Franchisee hereby acknowledges that all telephone numbers, facsimile numbers and Internet addresses used in the operation of the Business constitute assets of the Business; and upon termination or expiration of this Agreement, Franchisee shall take such action within 5 days to cancel or assign to Franchisor or its designee as determined by Franchisor, all Franchisee's right, title and interest in and to Franchisee's telephone numbers, facsimile numbers and Internet addresses and shall notify the telephone company and all listing agencies of the termination or expiration of Franchisee's right to use any telephone number and Internet and e-mail addresses, and any regular, classified or other telephone directory listing associated with the Marks and to authorize a transfer of same to or at the direction of Franchisor. Franchisee acknowledges as between Franchisor and Franchisee, Franchisor has the sole rights to, and interest in, all telephone numbers, facsimile numbers, directory listings and Internet addresses used by Franchisee to promote the Business and/or associated with the Marks. Franchisee hereby irrevocably appoints Franchisor, with full power of substitution, as its true and lawful attorney-in-fact, which appointment is coupled with an interest, to execute such directions and authorizations as may be necessary or prudent to accomplish the foregoing. Attachment E evidences such appointment;
- (d) Make no representation nor state that Franchisee is in any way approved, endorsed or licensed by Franchisor or associated or identified with Franchisor or the System in any manner;
- (e) Immediately take all steps necessary to amend or terminate any registration or filing of any d/b/a or business name or fictitious name or any other registration or filing containing the Marks so as to delete the Marks and all references to anything associated with the System;
- (f) Provide Franchisor the option to purchase as set in Section 16;
- (g) Comply with the provisions of Sections 10.1(c) and 10.1(d) and Section 14;
Source: Item 22 — CONTRACTS (FDD page 55)
What This Means (2025 FDD)
Based on the 2025 Canopy Lawn Care Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, the franchisee must take specific actions. The franchisee must immediately stop using all trademarks, signs, advertising materials, telephone listings, email addresses, the Manual, and all materials, products, and services associated with the Canopy Lawn Care system. All these items must be returned to Canopy Lawn Care.
Additionally, the franchisee is required to hand over all materials, including the Manual, customer lists, records, files, instructions, brochures, advertising materials, agreements, confidential information, trade secrets, and any other materials related to the business's operation. All these materials are acknowledged to be the property of Canopy Lawn Care. The agreement explicitly prohibits the franchisee from retaining any printed or electronic copies of the Manual, confidential information, or trade secrets after the agreement expires or is terminated.
Furthermore, upon termination or expiration of the Franchise Agreement, Canopy Lawn Care has the right to effectuate the assignment of telephone numbers and listings, as well as internet addresses (URLs) associated with Canopy Lawn Care's trade and service marks. In such cases, the franchisee loses all rights, title, and interest in these telephone numbers, listings, and URLs. The franchisee remains responsible for any outstanding fees owed to the telephone company and internet service provider up to the assignment date.