What is the governing law for Card My Yard franchises in North Dakota?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
North Dakota law applies to this transaction and supersedes any conflicting provisions of the Franchise Agreement or Utah law.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, North Dakota law governs franchise transactions within the state. Specifically, the FDD states that North Dakota law applies to franchise transactions in North Dakota and supersedes any conflicting provisions in the Franchise Agreement or Utah law.
This means that if there are any discrepancies between the standard Card My Yard franchise agreement (which might be based on Utah law, given the company's location) and North Dakota law, the latter will take precedence. This is particularly relevant for franchisees in North Dakota, as certain clauses in the standard agreement are modified to comply with North Dakota law.
For example, the FDD notes modifications related to covenants not to compete, franchisee consent to termination or liquidated damages, jury trial waivers, and waivers of exemplary and punitive damages. These modifications ensure that the Card My Yard franchise agreement adheres to North Dakota's specific legal protections for franchisees.