Can Card My Yard amend the Manuals, and if so, what is the condition?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
in our opinion, reasonably be necessary or advisable to protect and maintain our or our Affiliates' interests in the Marks.
XI. CONFIDENTIALITY AND NONCOMPETITION COVENANTS
A. Manuals. The Manuals are our property and will be provided in an electronic format. You agree to return them to us at our request and in any event when this Agreement expires or is terminated for any reason. You and your Owners must at all times maintain the Manuals, and the information contained in them, as confidential in
compliance with this Article XI. You may make the Manuals available only to those of your Owners and employees who must have access to them in order to operate the Card My Yard business and may not at any time print, copy, duplicate, record or otherwise reproduce the Manuals, in whole or in part, or make them available to any unauthorized person. You agree to maintain the Manuals in a secure place at the Card My Yard business. We have the right to add to or modify the Manuals from time to time. You agree to comply with the terms of all additions and modifications to the Manuals and to keep your copy of the Manuals current. If there is a dispute about the contents of the Manuals, the terms of the master copy at our offices shall control. The entire contents of the Manuals, and our mandatory specifications, procedures and rules prescribed from time to time, shall constitute provisions of this Agreement as if they were set forth herein.
- B. Nondisclosure of Confidential Information.
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 has the right to add to or modify the Manuals from time to time. Franchisees must comply with the terms of all additions and modifications to the Manuals and keep their copy of the Manuals current. If there is a dispute about the contents of the Manuals, the terms of the master copy at Card My Yard's offices shall control. The entire contents of the Manuals, and Card My Yard's mandatory specifications, procedures, and rules prescribed from time to time, shall constitute provisions of the Franchise Agreement as if they were set forth in the agreement.
Additionally, Card My Yard may amend the Manuals from time to time upon written notice to the franchisee. This means that Card My Yard can make changes to the operating procedures and standards outlined in the Manuals, which franchisees are obligated to follow.
For a prospective franchisee, this highlights the importance of staying informed about any updates or changes to the Manuals, as these changes are binding and essential for maintaining compliance with the Card My Yard franchise system. Franchisees should ensure they promptly implement any modifications to align with Card My Yard's current standards and operational guidelines.