When is a notice related to the Note considered 'given' for the Canopy Lawn Care franchise?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
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- All notices and other communications relating to this Note shall be in writing and shall be deemed given upon the first to occur of (x) deposit with the United States Postal Service or overnight courier service, properly addressed and postage prepaid; (y) transmittal by electronic communication (including email, internet or intranet websites, or facsimile properly addressed (with written acknowledgment from the intended recipient such as "return receipt requested" function, return e-mail, or other written acknowledgment); or (z) actual receipt by an employee or agent of the other party. Notices hereunder shall be sent to the following addresses, or to such other address as such party shall specify in writing:
(a) If to the Holder:
Address: 2426 Old Brick Road, Glen Allen, Virginia 23060
Attention: Controller
With a copy to: General Counsel
(b) If to the Maker:
Address: [FRANCHISEE ADDRESS]
Attention: [PERSON(S) TO RECEIVE NOTICE ON BEHALF OF
FRANCHISE ENTITY]
Source: Item 23 — RECEIPT (FDD pages 55–199)
What This Means (2025 FDD)
According to the 2025 Canopy Lawn Care FDD, a notice related to the Promissory Note is considered 'given' under specific conditions. The FDD states that a notice is deemed given upon the earliest occurrence of three events. First, it's considered given when deposited with the United States Postal Service or an overnight courier service, provided it's properly addressed and postage prepaid. Second, notice is given upon transmittal by electronic communication, including email, internet or intranet websites, or facsimile, as long as there's written acknowledgment from the intended recipient, such as a return receipt or email. Finally, a notice is considered given upon actual receipt by an employee or agent of the other party.
For a prospective Canopy Lawn Care franchisee, this means that any formal communication regarding the Promissory Note, such as payment reminders or default notices, officially counts as 'given' once one of these three conditions is met. The franchisee should pay close attention to these conditions to ensure they are aware of any important communications and their associated timelines. For instance, if a notice is sent via email, the franchisee should ensure they provide a return receipt or acknowledgment to establish the date the notice was officially given.
The FDD also specifies the addresses to which notices should be sent. If the notice is for the Holder (Canopy Franchise Corporation), it should be sent to 2426 Old Brick Road, Glen Allen, Virginia 23060, Attention: Controller, with a copy to the General Counsel. If the notice is for the Maker (the franchisee), it should be sent to the franchisee's address, with attention to the person(s) designated to receive notices on behalf of the franchise entity. It is important for the franchisee to keep these addresses updated to ensure timely receipt of important communications.
By outlining these specific conditions and contact details, Canopy Lawn Care aims to establish a clear and documented process for formal communications related to the Promissory Note. This helps to avoid ambiguity and potential disputes regarding when a notice was officially received, which can be crucial in matters related to payment deadlines, default notices, and other contractual obligations.