Does the Canopy Lawn Care Franchise Agreement include a section outlining the 'Covenants, Representations, and Warranties of Franchisee'?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
1. COVENANTS, REPRESENTATIONS, AND WARRANTIES OF FRANCHISEE
Franchisee covenants, represents and warrants as follows and acknowledges that Franchisor is relying upon such covenants, representations and warranties in making its decision to enter into this Agreement.
- 1.1 Franchisee acknowledges that it has received, has had ample time to read, and has read this Agreement and the corresponding Franchise Disclosure Document, and all related agreements with Franchisor. Franchisee acknowledges that Franchisor has advised him to obtain independent legal and accounting advice with respect to this Agreement and the transactions arising out of this Agreement. Franchisee further acknowledges that it has had an adequate opportunity to be advised by legal, accounting and other professional advisors of its own choosing regarding all pertinent aspects of the Business, Franchisor and this Agreement.
- 1.2 Franchisee has, or has made firm arrangements to acquire funds to commence, open and operate the Business and it is financially and otherwise able to accept the risks attendant upon entering into this Agreement.
- 1.3 All statements made by Franchisee in writing in connection with its application for this Franchise were, to the best of its knowledge, true when made and continue to be true as of the date of this Agreement.
- 1.4 There are no material financial obligations of Franchisee whether actual or contingent which are outstanding as of the date of this Agreement other than those disclosed to Franchisor by Franchisee in writing.
1.5 Franchisee is not a party to or subject to any court or administrative order or action of any governmental authority which would limit or interfere in any way with the performance by Franchisee of its obligation hereunder.
1.6 Franchisee is not a party to any litigation or legal proceedings other than those which have been disclosed to Franchisor by Franchisee in writing.
1.7 Franchisee represents that it is not a party to or subject to agreements that might conflict with the terms of this Agreement and agrees not to enter into any conflicting agreements during the Initial Term or any Interim Period.
Source: Item 22 — CONTRACTS (FDD page 55)
What This Means (2025 FDD)
According to the 2025 Canopy Lawn Care Franchise Disclosure Document, the Franchise Agreement does include a section outlining the covenants, representations, and warranties of the franchisee. This section indicates that the franchisee is making specific promises and guarantees to Canopy Lawn Care, and that Canopy Lawn Care is relying on these assurances when deciding to enter into the agreement.
The agreement states that the franchisee acknowledges they have received and read the Franchise Agreement, the Franchise Disclosure Document, and all related agreements, and that Canopy Lawn Care has advised them to seek independent legal and accounting advice. The franchisee also confirms they have the financial resources to start and operate the business and can accept the risks involved.
Furthermore, the franchisee warrants that all written statements made during the application process were true and remain true as of the agreement date. They also confirm they have disclosed all material financial obligations to Canopy Lawn Care and are not subject to any conflicting court or administrative orders. The franchisee also represents that they are not party to any agreements that might conflict with the terms of the Franchise Agreement and agree not to enter into any such agreements during the term of the franchise.