What is the Card My Yard franchisee's obligation regarding maintaining the confidentiality of information contained in the Manual?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
rmation 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"). You and your owners and employees must also agree not to use our Confidential Information at all after the Franchise Agreement terminates or expires. You and your owners can give this Confidential Information only to your employees who need it to operate your Card My Yard business. You must have your General Manager and any of your other personnel who have received or will have access to our Confidential Information, sign similar covenants. (See Item 15)
If you or your employees or owners develop any new concept, process or improvement in the operation or promotion of your Card My Yard business, you must promptly notify us and give us all necessary information about the new process or improvement, without compensation. You and your owners agree that any of these concepts, processes, or improvements will become our exclusive property, and we may use or disclose them to other
franchisees, as we determine appropriate.
ITEM 15: OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS
When you sign the Franchise Agreement, you must designate an individual to serve as your "Principal Owner." The Principal Owner must be an individual holding an ownership interest in you, or, if you are an individual you will be the Principal Owner. The Principal Owner must meet our qualifications and must be approved by us. The same person must act as the Principal Owner under the Franchise Agreements for all Card My Yard businesses operated by you and, if applicable, your affiliates.
Unless a separate General Manager is approved by us, your Principal Owner must devote his or her full time and best efforts to the supervision of your operations under the Franchise Agreement.
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 specific obligations regarding the confidentiality of information contained in the Manual. Franchisees, their owners, and employees must maintain the confidentiality of all information in the Manual, as well as other information Card My Yard considers confidential, proprietary, or trade secret. This obligation extends both during and after the term of the Franchise Agreement. Franchisees can only share this information with employees who need it to operate the Card My Yard business.
To ensure compliance, Card My Yard requires franchisees to have their General Manager and any other personnel with access to confidential information sign similar confidentiality agreements. The Manuals are the property of Card My Yard and are provided in electronic format. Franchisees must return the Manuals upon request or when the Franchise Agreement expires or terminates.
Franchisees must ensure the Manuals are kept secure and are only accessible to authorized personnel. They are prohibited from printing, copying, duplicating, recording, or otherwise reproducing the Manuals, in whole or in part, or making them available to any unauthorized person. Card My Yard retains the right to modify the Manuals, and franchisees must comply with all additions and modifications, ensuring their copy remains current. In case of a dispute about the contents of the Manuals, the master copy at Card My Yard's offices will control.