Who does the Lessee agree to defend and indemnify under the Canopy Lawn Care agreement?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
INDEMNITY: Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee's breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle.
The provisions of this Section 12 shall survive any expiration or termination of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 55–199)
What This Means (2025 FDD)
According to Canopy Lawn Care's 2025 Franchise Disclosure Document, the Lessee (franchisee) agrees to defend and indemnify the Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This means the franchisee is responsible for protecting these parties from losses, damages, liabilities, suits, claims, demands, costs, and expenses. These costs include reasonable attorneys' fees and expenses.
This indemnification obligation arises from several circumstances. These circumstances include the franchisee's breach or violation of any term, provision, or covenant of the agreement. It also includes any loss, damage, theft, or destruction of any vehicle, or anything related to the use, operation, or condition of any vehicle.
This section of the agreement ensures that Canopy Lawn Care and its related parties are protected from potential legal and financial liabilities resulting from the franchisee's actions or the use of the vehicles. The obligation to defend and indemnify survives any expiration or termination of the agreement, meaning the franchisee's responsibility continues even after the franchise relationship ends.