What do Card My Yard franchisees and their Owners acknowledge regarding the specialized training and Confidential Information?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
You and your Owners specifically acknowledge that, pursuant to this Agreement, you and they will receive access to valuable training and Confidential Information which are beyond your and their present skills and experience, including, without limitation, information regarding operational, sales, promotional and marketing methods and techniques of the System.
You and your Owners further acknowledge that such specialized training and Confidential Information provide a competitive advantage, and that gaining access to them is a primary reason for entering into this Agreement.
Accordingly, you and your Owners agree as follows:
(1) With respect to you, during the term of this Agreement (or with respect to each of the Owners, for so long as such person satisfies the definition of "Owner" under this Agreement), except as otherwise approved in writing by us, neither you nor any of your Owners shall, directly or indirectly, for themselves or through, on behalf of, or in conjunction with any other person, legal entity or association:
(a) Directly or indirectly divert, or attemptto divert, any business or customer of Card My Yard businesses to any competitor, or do or perform any other act injurious or prejudicial to the goodwill associated with the Marks and the System.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, franchisees and their Owners acknowledge the value and importance of the specialized training and Confidential Information they receive. They specifically recognize that this training and information go beyond their current skills and experience, encompassing operational, sales, promotional, and marketing methods specific to the Card My Yard system.
Card My Yard franchisees and their Owners understand that access to this specialized training and Confidential Information provides them with a competitive advantage in the yard greeting business. This access is considered a primary reason for entering into the Franchise Agreement, highlighting its significance in their decision to become a franchisee.
Given this acknowledgment, franchisees and their Owners agree to certain noncompetition covenants. During the term of the Franchise Agreement (or as long as someone is considered an 'Owner'), they cannot engage in activities that would divert business or customers to competitors or harm the goodwill associated with the Card My Yard brand and system. This commitment underscores the importance of protecting the Confidential Information and maintaining the competitive edge it provides.