Are the rights, remedies, and powers provided in the Canopy Lawn Care Note cumulative or exclusive?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
No failure by the holder to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power.
The rights, remedies, and powers herein provided are cumulative and not exclusive of any other rights, remedies, or powers provided by law.
Source: Item 23 — RECEIPT (FDD pages 55–199)
What This Means (2025 FDD)
According to the 2025 Canopy Lawn Care FDD, the rights, remedies, and powers provided in the Note are cumulative and not exclusive. This means that Canopy Lawn Care has multiple avenues for recourse and is not limited to a single course of action if a franchisee defaults or breaches the agreement.
This provision is favorable for Canopy Lawn Care, as it provides flexibility in addressing potential issues. It allows Canopy Lawn Care to pursue multiple remedies simultaneously or sequentially, increasing the likelihood of a favorable outcome in case of a dispute or breach by the franchisee.
For a prospective Canopy Lawn Care franchisee, this clause implies a greater responsibility to adhere strictly to the terms of the agreement. If the franchisee fails to meet their obligations, Canopy Lawn Care can pursue various legal and contractual remedies without being restricted to a single option. Franchisees should be aware of this and carefully consider their ability to comply with all aspects of the franchise agreement.