Does Card My Yard assume liability for advice given to franchisees?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as expressly provided in this Section, we assume no direct or indirect liability or obligation to you with respect to collecting amounts due to, or maintaining, directing or administering, the Fund.
- (4) We reserve the right, upon thirty (30) days' prior written notice to you, to defer, reduce or suspend contributions to (and, if suspended, deferred or reduced, to reinstate such contributions) and to suspend operations of, the Fund for one or more periods of any length and to terminate (and, if terminated, to reinstate) the Fund.
If the Fund is terminated, all unspent monies on the date of termination will be distributed to the contributors to the Fund in proportion to their respective contributions to the Fund during the preceding twelve (12) month period.
- (5) We may, in our discretion and business judgment, use the Fund to directly or indirectly place advertising in your local or regional market; however, we also intend to use the Fund to create and prepare marketing materials or advertising programs that will be provided to you so that you may directly place or implement such materials or programs in your local or regional market.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to the 2025 Card My Yard Franchise Disclosure Document, Card My Yard assumes no direct or indirect liability or obligation to franchisees with respect to collecting amounts due to, or maintaining, directing or administering, the Marketing Fund.
Card My Yard has established a Marketing Fund intended to maximize recognition of the Marks and patronage of Card My Yard businesses. Although Card My Yard will endeavor to utilize the Fund to develop advertising and marketing materials and programs that will benefit all Card My Yard businesses, they undertake no obligation to ensure that expenditures by the Fund in or affecting any geographic area are proportionate or equivalent to the contributions to the Fund by Card My Yard businesses operating in that geographic area or that any Card My Yard business will benefit directly or in proportion to its contribution to the Fund from the development of advertising and marketing materials or the placement of advertising.
Card My Yard may use a portion of the monies contained in the Fund to establish regional marketing funds and/or to establish and maintain a website for Card My Yard businesses. Card My Yard also reserves the right, upon thirty (30) days' prior written notice, to defer, reduce or suspend contributions to (and, if suspended, deferred or reduced, to reinstate such contributions) and to suspend operations of, the Fund for one or more periods of any length and to terminate (and, if terminated, to reinstate) the Fund. If the Fund is terminated, all unspent monies on the date of termination will be distributed to the contributors to the Fund in proportion to their respective contributions to the Fund during the preceding twelve (12) month period.
Card My Yard may, in its discretion and business judgment, use the Fund to directly or indirectly place advertising in your local or regional market; however, they also intend to use the Fund to create and prepare marketing materials or advertising programs that will be provided to you so that you may directly place or implement such materials or programs in your local or regional market.