Does the Rhode Island Addendum modify the entire Canopy Lawn Care Franchise Agreement?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
To the extent the Rhode Island Franchise Investment Act, R.I. Gen. Law ch. 395 §§19-28.1-1 – 19- 28.1-34 applies, the terms of this Addendum apply.
- Notwithstanding anything to the contrary contained in the Franchise Agreement, to the extent that the Franchise Agreement contains provisions that are inconsistent with the following, such provisions are hereby amended:
Section 19-28.1-14 of the Rhode Island Franchise Investment Act provides that: "A provision in a franchise agreement restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state is void with respect to a claim otherwise enforceable under this Act."
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- Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Franchise Agreement.
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- 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 Rhode Island Addendum does not modify the entire Canopy Lawn Care Franchise Agreement. The addendum applies only to the extent that the Rhode Island Franchise Investment Act applies.
The Rhode Island Addendum modifies the Franchise Agreement only to the extent that the Franchise Agreement contains provisions inconsistent with Section 19-28.1-14 of the Rhode Island Franchise Investment Act. This section stipulates that any provision restricting jurisdiction or venue to a forum outside of Rhode Island or requiring the application of laws from another state is void under the Act.
According to the addendum, any capitalized terms not defined within the addendum itself will retain the meaning assigned to them in the original Franchise Agreement. Furthermore, the Franchise Agreement remains in full effect, except for the specific modifications outlined in the addendum. In the event of any conflict between the addendum and the Franchise Agreement, the terms and conditions of the addendum will take precedence.
For a Canopy Lawn Care franchisee in Rhode Island, this means that while the standard Franchise Agreement is generally applicable, certain provisions are superseded by Rhode Island law. Specifically, the franchisee cannot be forced to litigate disputes outside of Rhode Island or be subject to laws of another state. The addendum ensures that the franchisee's rights under Rhode Island law are protected.