What is Card My Yard franchisees' obligation to comply with standards and specifications related to the operation of their businesses?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
sfactorily complete our initial training program, and you fail to cure such default within ninety (90) days following written notice from us, we may terminate this Agreement.
- B. Standards Compliance. You acknowledge the importance of maintaining uniformity among all of the Card My Yard businesses and the importance of complying with all of our standards and specifications relating to the operation of the Card My Yard businesses. To protect the reputation and goodwill of the System and to maintain high standards of operation under the Marks, you agree to conduct your business in accordance with the Manuals, other written directives which we may issue to you from time to time, and any other manuals and materials created or approved for use in the operation of Card My Yard businesses.
- C. Maintenance of Card My Yard business. You agree to maintain the Card My Yard business in a high degree of sanitation and repair, and to make such additions, alterations, repairs and replacements as may be required for that purpose, including, without limitation, such periodic repainting or replacement of signs, furnishings, décor, and equipment (including, but not limited to, Computer Systems) as we may reasonably direct. You also agree to obtain, at your expense, any new or additional equipment (including, but not limited to, point of sale or Computer Systems), fixtures, supplies and other products and materials which we may reasonably require for you to offer and sell new services or products from the Card My Yard business or to provide such services or products by alternative means. No alterations, improvements or changes of any kind in design, equipment, signs, interior or exterior decor items, fixtures or furnishings shall be made in or aboutthe Card My Yard business without our prior written approval.
- D. Upgrade of Card My Yard business. Promptly upon our request, you must make improvements, renovations, updates and upgrades to the Card My Yard business to conform it to our then-current standards and specifications. Without limiting the foregoing, you agree that, if we request, you will make any capital improvements required by this Section VIII.D. on or after the second (2nd) anniversary of the Opening Date, or at such other time during the term of this Agreement that a majority of the Card My Yard businesses then operated by us or our Affiliates have made or are utilizing best efforts to make such improvements.
E. Sourcing.
- (1) You agree to comply with all of our standards and specifications for the purchase of all inventory, supplies, materials, fixtures, furnishings, equipment, Computer Systems, and other products used or offered for sale at the Card My Yard business. If we have approved or designated suppliers (which may include us or our Affiliates or third party manufacturers, distributors and other sources) for any such item, you agree to obtain these items from those suppliers. Our approved or designated suppliers are those who demonstrate on a continuing basis the ability to meet our standards and specifications; who have adequate quality controls and the capacity to supply the needs of the Card My Yard business franchise network promptly and reliably over an extended period of time; and who have been approved in writing by us and who have not thereafter been disapproved by us. We may designate ourselves, our Affiliates or a third party as an approved or designated supplier, or as the sole approved or designated supplier of any item. You agree that we and our Affiliates may derive revenue based on your purchases and leases (including, without limitation, from charging you for products and services we or our Affiliates provide to you and from payments made to us or our Affiliates by suppliers that we designate or approve for some or all of our franchisees). We currently require you to purchase yard letters/signs (or related materials and equipment) totaling at least $500 each year from us.
- (2) If you wish to use any item or service that we have not yet evaluated or (for items that we require you to purchase from designated or approved suppliers) if you wish to purchase or lease any such item from a supplier that we have not yet approved, you must submit a written request for approval to us. You cannot purchase or lease any such item unless the supplier has been approved in writing by us. We are not required to approve any
particular supplier. We will have the right to require you to submit information, specifications and samples to us to enable us to determine whether the item complies with our standards and specifications and that the supplier meets our criteria. We also have the right to send our representatives to inspect the supplier's facilities and to have samples from the supplier be delivered to us or to an independent laboratory designated by us for testing. You or the proposed supplier will be required to pay for the cost of the inspection and the test (including our administrative expenses) and reimburse us for any costs or expenses we incur in connection with the evaluation of your proposed supplier. In addition to your reimbursement obligation, we may,in oursole discretion, charge you a fee of $300 for each inspection and each test conducted. We may condition our approval of a supplier on requirements relating to product quality, prices, consistency, reliability, financial capability, labor relations, client relations, frequency of delivery, concentration of purchases, standards of service (including prompt attention to complaints) or other criteria.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, franchisees must maintain uniformity across all Card My Yard businesses and adhere to all standards and specifications for operating their business. To uphold the System's reputation and operational standards under the brand's trademarks, franchisees must conduct their business in accordance with the manuals, written directives, and other approved materials. Franchisees are responsible for maintaining a high degree of sanitation and repair at their Card My Yard business, including any necessary repainting or replacement of signs, furnishings, décor, and equipment as directed by Card My Yard.
Card My Yard franchisees must also make improvements, renovations, updates, and upgrades to their business to conform to the then-current standards and specifications promptly upon request. This may include capital improvements required on or after the second anniversary of the opening date, or at a time when a majority of Card My Yard businesses operated by Card My Yard or its affiliates have made or are utilizing best efforts to make such improvements. Franchisees must comply with all standards and specifications for purchasing inventory, supplies, materials, fixtures, furnishings, equipment, computer systems, and other products used or offered for sale at their Card My Yard business.
If Card My Yard has approved or designated suppliers for any item, franchisees must obtain these items from those suppliers. Franchisees are obligated to operate their Card My Yard business in full conformity with the methods, standards, and specifications set forth in the manuals and as otherwise prescribed in writing. This includes selling or offering for sale all products and services that Card My Yard requires, using the prescribed method and manner of distribution. Card My Yard will provide 90 days' notice if franchisees are required to begin offering any new products or services, along with identification of the necessary items or equipment to purchase. Franchisees must only install and offer equipment that Card My Yard has expressly approved in the manuals or in writing and must keep the Card My Yard business open and in operation for the days and hours that Card My Yard prescribes from time to time.
Card My Yard may establish maximum, minimum, or other pricing requirements for the products sold at the Card My Yard business to the fullest extent allowed by law. Franchisees must also secure and maintain all required state, county, and/or local business licenses for operating the Card My Yard business at their own cost.