What employment-related responsibilities does a Card My Yard franchisee have?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Employer Responsibilities. You are required to maintain proper staffing in the Card My Yard business to meet the Card My Yard business standards. You have sole responsibility for all employment decisions and functions relating to the Card My Yard business,including but notlimited to decisions related to recruiting, screening, hiring, firing, scheduling, training (other than the training described in Section VIII above), compensation, benefits, wage and hour requirements, recordkeeping, supervision, safety, security and discipline of employees. Any information we provide about employment matters, whether voluntarily or in response to your request, and whether directly or by means of any technology tools, is a recommendation only and not intended to exercise control over the wages, hours or working conditions of your employees or the means and manner by which they carry out their duties. You alone will direct and control all employees of the Card My Yard business, subject only to the Card My Yard standards that we prescribe to protect the goodwill associated with our Marks (which may include the requirement of initial and periodic drug testing and background checks). You must clearly inform all workers, before hiring and periodically thereafter, that Franchisee, and not Franchisor, is their employer and that Franchisor does not assume and will not accept any employer, co-employer, or joint employer obligations. You agree to indemnify us for any liability, cost, expense, loss or damage, including attorney's fees and costs, arising from any claim or allegation that Franchisor or any affiliate is the employer, co-employer, or joint employer of Franchisee, its owners, or any workers in the Card My Yard business.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, franchisees have significant responsibilities as employers. Card My Yard franchisees are required to maintain proper staffing levels to meet the brand's business standards. This includes full control over employment decisions such as recruiting, screening, hiring, firing, scheduling, training (beyond the initial training), compensation, benefits, and ensuring compliance with wage and hour laws. Franchisees are also responsible for recordkeeping, supervision, safety, security, and employee discipline.
Card My Yard emphasizes that any advice or information the franchisor provides on employment matters is purely a recommendation and does not constitute control over the franchisee's employees' wages, hours, or working conditions. The franchisee has the sole responsibility for directing and controlling their employees, subject to Card My Yard's brand standards. Franchisees must also inform all workers, before hiring and periodically thereafter, that they (the franchisee), and not Card My Yard, is their employer.
To further protect Card My Yard from potential liability, franchisees must indemnify the franchisor against any claims that Card My Yard is an employer, co-employer, or joint employer of the franchisee's owners or workers. This underscores the importance of the franchisee's role as an independent employer and their responsibility for managing all aspects of employment within their Card My Yard business. Franchisees may also be required to conduct initial and periodic drug testing and background checks on employees.