Does the Maryland Addendum modify the entire Canopy Lawn Care Franchise Agreement?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.
This Addendum is being entered into in connection with the Franchise Agreement. In the event of any conflict between this Addendum and the Franchise Agreement, the terms and conditions of this Addendum shall apply.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 45–47)
What This Means (2025 FDD)
According to the 2025 FDD, the Maryland Addendum to the Canopy Lawn Care Franchise Agreement does not replace the entire agreement. Instead, it modifies specific sections while the rest of the agreement remains in effect.
The addendum states that it applies to the extent the Maryland Franchise Registration and Disclosure Law applies. It amends provisions in the Franchise Agreement that are inconsistent with what is outlined in the addendum. For example, the addendum specifies that representations requiring prospective franchisees to assent to a release, estoppel, or waiver of liability do not act as such under Maryland law. Additionally, Section 1.1 and 1.8 (Covenants) of the Franchise Agreement are deleted.
Furthermore, the addendum clarifies that any capitalized terms not defined within the addendum itself will have the same meaning as defined in the original Franchise Agreement. Critically, the document emphasizes that "Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect." This means that only the explicitly changed sections are affected, and all other terms and conditions of the original agreement still apply. In case of conflicts between the addendum and the Franchise Agreement, the terms of the addendum will take precedence.
For a prospective Canopy Lawn Care franchisee in Maryland, this means they must carefully review both the Franchise Agreement and the Maryland Addendum to understand their rights and obligations fully. They should pay close attention to the sections modified by the addendum and how those changes affect their overall agreement with Canopy Lawn Care. Understanding the interplay between these documents is crucial for compliance and to ensure their rights are protected under Maryland law.