Is Canopy Lawn Care required to provide specific guidance, coaching, or assistance to the franchisee?

isor.

• (f) At Franchisor's sole discretion, Franchisor may provide pre-opening and ongoing assistance during the first season of operations of Franchisee's Business.
• 7.4 Currently, the guidance, coaching and assistance provided by Franchisor to Franchisee after Franchisee opens the Business shall include:
  • (a) Make a representative reasonably available to speak with Franchisee on the telephone during normal business hours, as Franchisor determines is necessary, to discuss Franchisee's operational issues and support needs.
  • (b) Holding periodic conference calls, meetings or conferences to discuss sales techniques, new Product or Service developments, field operations, bookkeeping, training, accounting, inventory control, performance standards, advertising programs, merchandising procedures and other topics. Franchisee must pay a conference fee, if any, and all its travel and living expenses to attend. These elective conferences are held at Franchisor's Richmond, Virginia, headquarters or at a location chosen by Franchisor.
  • (c) Franchisor may also hold a mandatory annual conference to discuss sales techniques, new Service and Product developments, operations, marketing strategies and tactics, training, bookkeeping, accounting, performance standards, advertising programs, merchandising procedures, or other topics. Franchisee must pay the conference fee, if any, which Franchisor may collect on a month basis or otherwise, and all personal travel and living expenses. These mandatory annual conferences are held at Franchisor's Richmond, Virginia, headquarters or at a location chosen by Franchisor.
  • (d) Informing Franchisee of mandatory specifications, standards and procedures for the operations of the Lawn Care Business.

• (e) Researching new Products, Services and methods, from time to time and in Franchisor's sole discretion, and providing Franchisee with information concerning developments of this research.
• (f) Maintaining the Brand Fund and using these funds to develop promotional brand awareness and advertising programs for Lawn Care Businesses.
• (g) Providing access to advertising materials to Franchisee in the form of a graphics package included in the Manual and as further stipulated in Section 11.
  • (h) Provide Franchisee with bookkeeping services for a fee.
• (i) Franchisor may require that Franchisee or Franchisee's Designated Business Manager attend all supplemental and refresher training programs that Franchisor designates. Franchisor may charge Franchisee a reasonable fee for any supplemental and refresher training programs. Franchisee must pay the then-current fee for such training programs, if any, and all personal travel and living expenses.
• (j) A representative of Franchisor may, in its sole discretion, provide additional assistance as it deems necessary.
• 7.5 If Franchisee believes Franchisor has failed to adequately provide pre-opening guidance, coaching and assistance to Franchisee as provided in this Agreement, including Sections 7.3 and 7.4, Franchisee shall notify Franchisor in writing within 30 days following the opening of the Business. Absent the timely provision of such notice to Franchisor, Franchisee shall be deemed to conclusively acknowledge that all pre-opening and opening guidance, coaching and assistance required to be provided by Franchisor were sufficient and satisfactory in Franchisee's judgment.
• 7.6 Franchisor is not obligated to perform guidance, coaching and assistance set forth in this Agreement to Franchisee's particular level of satisfaction, but as a function of Franchisor's experience, knowledge and judgment. Franchisor does not represent or warrant that any other guidance, coaching and assistance will be provided to Franchisee, other than as set forth in this Agreement. To the extent any other guidance, coaching or assistance, or any specific level or quality of guidance, coaching or assistance is expected, Franchisee must obtain a commitment to provide such guidance, coaching or assistance, or level or quality of guidance, coaching or assistance in writing signed by an authorized officer of Franchisor, otherwise Franchisor shall not be obligated to provide any other guidance, coaching or assistance, or specific level or quality of guidance, coaching and assistance.
• 7.7 If Franchisor must undertake any refurbishing work on Franchisee's behalf, Franchisee will pay Franchisor its costs and expenses and an administrative fee of 15% for the total aggregate amount incurred by Franchisor.
• 7.8 If Franchisor must temporarily operate Franchisee's Lawn Care Business due to Franchisee's death, disability, etc., Franchisee will pay a management fee equal to 10% of Gross Revenues plus costs and expenses ("Management Fee"). The Management Fee would be paid in addition to Royalty Fees, Brand Fund Contributions, and any other fees due to Franchisor.
• 7.9 If Franchisor implements a quality control program, Franchisee will pay its share of the cost and expenses of the program.

8. FRANCHISEE'S DUTIES, OBLIGATIONS AND OPERATING STANDARDS

• 8.1 Franchisee shall, consistent with the terms of this Agreement, diligently develop the Business and use its best efforts to market and promote the required Services and Products.
• 8.2 Subject to the terms of this Agreement, including Section 7.3, during the Initial Term and any Interim Period, Franchisee shall strictly comply with all mandatory standards, specifications, processes, procedures, requirements, and instructions of Franchisor regarding the operation of the Business and must comply with the following requirements:
  • (a) If Franchisee does not have adequate space and storage to operate the Lawn Care Business from a home office, then Franchisee must obtain a flexible warehouse space and/or storage space. Franchisee must obtain Franchisor's prior approval of any flexible warehouse space and lease, if applicable.

Source: Item 22 — CONTRACTS (FDD page 55)