What is a franchisee's obligation regarding confidential information communicated by Card My Yard?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
atents, and do not have any pending patent applications, that are material to the franchise. We do claim copyright protection and proprietary rights in the original materials used in the System, including our Manuals, bulletins, correspondence and communications with our franchisees, training, advertising and promotional materials, and other written materials relating to the operation of Card My Yard businesses and the Business System. We treat all of this information as trade secrets and you must treat any of this information we communicate to you confidentially.
There is no presently effective determination of the U.S. Copyright Office (Library of Congress) or any court affecting our copyrights. There is no currently effective agreement that limits our right to use and/or license our copyrights. We are not obligated by the Franchise Agreement, or otherwise, to protect any rights you have to use the copyrights. We have no actual knowledge of any infringements that could materially affect the ownership, use or licensing of the copyrights.
You and your owners and employees must agree not to communicate or use our confidential information for the benefit of anyone else during and after the term of the Franchise Agreement. You and your owners and employees must maintain the confidentiality of all information contained in the Manual and other information that we consider confidential, proprietary, or trade secret information. Our "confidential information" means all trade secrets and other elements of our System; information contained in the Manuals; training techniques; financial information; customer information; vendor information; marketing strategies and data; and all other knowledge, trade secrets, or know-how concerning the operation of a Card My Yard business which may be communicated to you by virtue of operating under the terms of the Franchise Agreement, and all other information that we designate as confidential (collectively "Confidential Information").
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 48–49)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, franchisees have strict obligations regarding the confidentiality of information they receive. Card My Yard considers its manuals, training techniques, financial details, customer and vendor information, marketing strategies, and any other knowledge related to operating a Card My Yard business as "Confidential Information." Franchisees must treat this information as trade secrets and keep it confidential. This obligation extends not only to the franchisee but also to their owners and employees.
Franchisees, along with their owners and employees, must agree not to use or share Card My Yard's confidential information for anyone else's benefit during and after the franchise agreement. They can only share this information with employees who need it to operate the Card My Yard business. Moreover, franchisees must ensure that their General Manager and any other personnel with access to confidential information sign similar confidentiality agreements.
After the franchise agreement ends, the franchisee and their personnel are still prohibited from using Card My Yard's confidential information. This includes not making unauthorized copies of documents containing confidential information and only disclosing it to authorized employees to the extent necessary for training or assistance. Franchisees must also return any materials containing confidential information upon request or termination of employment. These measures are designed to protect Card My Yard's competitive advantage and proprietary business methods.