Can Card My Yard advertise and promote the Card My Yard System in the Protected Area?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
ilable, we or one of our other franchisees may provide services to those consumers during such times.
- C. Reserved Rights and Minimum Gross Sales Requirements. The rights granted to you under this Agreement are nonexclusive, and we and our Affiliates have and retain all rights within and outside the Protected Area except those expressly granted to you. Accordingly, we, our Affiliates, and any other authorized person or entity will have the right, among others, (i) to operate, and license others to operate, Card My Yard businesses at any location outside the Protected Area, including locations that are adjacent to or surrounded by the Protected Area; (ii) within and outside the Protected Area to develop and establish other business systems (including systems that distribute products or services similar to those offered at Card My Yard businesses) using other names or marks and to grant licenses to use those systems; (iii) to advertise and promote the System in the Protected Area; (iv) to acquire, or be acquired by, any competing system or other third party, including a competing system that has one or more units located within your Protected Area; and (v) except for the restriction in Section II.B. against the establishment of another Card My Yard business in the Protected Area, to engage, directly or indirectly, at wholesale, retail or otherwise, in the production, distribution, license and sale of any and all similar or dissimilar services and products, under the Marks or under other names or marks, within and outside the Protected Area, through any other method of distribution, including, but not limited to, mail order catalogs and the Internet, regardless of the competitive impact on the Card My Yard business. We also reserve the right to reduce or eliminate your territorial rights within the Protected Area if you fail to achieve annual Gross Sales of at least $15,000. In order to maintain your territorial rights as described in Section II.B above, you must meet or exceed Gross Sales of $15,000 during each 12-month period throughoutthe term of this Agreement. During that period comprising your first 12 months of operation, your Gross Sales requirement shall instead comprise $5,000, with the period from your 13th month of operation through the completion of your 24th month of operatio
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, Card My Yard and its affiliates retain the right to advertise and promote the Card My Yard system within a franchisee's protected area. This means that even though a franchisee has a protected area, Card My Yard can still engage in advertising and promotional activities within that area.
This condition is part of a broader reservation of rights, where Card My Yard maintains control over various aspects of the business, including the right to operate or license others to operate Card My Yard businesses outside the protected area, develop other business systems, and engage in the production, distribution, and sale of similar services and products.
This clause also states that Card My Yard reserves the right to reduce or eliminate a franchisee's territorial rights if the franchisee fails to achieve annual gross sales of at least $15,000. During the first 12 months of operation, the gross sales requirement is $5,000, and for months 13 through 24, it is $10,000. After that, the standard $15,000 annual gross sales requirement applies. This condition highlights the importance of meeting sales targets to maintain the protected area rights granted in the franchise agreement.