factual

What sections of the agreement specify the amounts owed for a Totaled Vehicle for Canopy Lawn Care?

Canopy_Lawn_Care Franchise · 2025 FDD

Answer from 2025 FDD Document

In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a "Totaled Vehicle"), Lessee agrees to pay Lessor no later than the date thirty (30) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle.

Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle.

Source: Item 23 — RECEIPT (FDD pages 55–199)

What This Means (2025 FDD)

According to Canopy Lawn Care's 2025 Franchise Disclosure Document, if a vehicle is declared a "Totaled Vehicle" due to being lost, stolen, destroyed, or damaged beyond repair, the franchisee (Lessee) is obligated to pay Canopy Lawn Care (Lessor) the amounts owed under Sections 3(b) and 3(c). This payment must be made no later than 30 days after the date of the casualty occurrence, at which point the agreement terminates specifically for that vehicle.

Section 3(b) addresses scenarios where the term for a vehicle ends prematurely due to franchisee default, a casualty occurrence, or any other reason. In such cases, the rentals and management fees paid by the franchisee will be recalculated using the rule of 78's, and the adjusted amount becomes payable to Canopy Lawn Care on the termination date. This recalculation ensures that Canopy Lawn Care is compensated appropriately for the early termination of the lease agreement.

Section 3(c) stipulates that at the end of the term for each vehicle, the franchisee must pay Canopy Lawn Care additional rent equal to the excess, if any, of the Book Value of the vehicle over the greater of (i) the wholesale value of such vehicle as determined by Canopy Lawn Care in good faith or (ii) twenty percent of the Delivered Price of such vehicle. The "Book Value" of a Vehicle means the sum of (i) the "Delivered Price" of the Vehicle as set forth in the applicable Schedule minus (ii) the total Depreciation Reserve paid by Lessee to Lessor with respect to such Vehicle plus (iii) all accrued and unpaid rent and/or other amounts owed by Lessee with respect to such Vehicle. These sections outline the financial responsibilities of the franchisee in the event of a totaled vehicle, ensuring Canopy Lawn Care is compensated for the loss or damage.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.