What happens to advertising materials that Card My Yard does not purchase after termination?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
- (8) Promptly furnish to us an itemized list of all advertising and sales promotion materials bearing the Marks, whether located at the Card My Yard business or at any other location under your control.
We will have the right to inspect these materials and the option, exercisable within thirty (30) days after such inspection, to purchase any or all of the materials at your cost.
Materials we do not purchase cannot be used by you or any other person for any purpose unless authorized in writing by us.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, upon termination of the franchise agreement, the franchisee must provide an itemized list of all advertising and sales promotion materials bearing Card My Yard's marks. Card My Yard has the option to inspect these materials and purchase them from the franchisee at the franchisee's cost, exercisable within thirty days after inspection.
However, any advertising materials that Card My Yard chooses not to purchase cannot be used by the franchisee or any other person for any purpose unless Card My Yard provides written authorization. This restriction ensures that the franchisee does not continue to benefit from the Card My Yard brand or create any confusion in the marketplace after the franchise agreement has ended.
This provision is typical in franchise agreements to protect the brand's integrity and prevent unauthorized use of its marketing materials. It is important for a prospective Card My Yard franchisee to understand that they will not be able to repurpose or sell any leftover branded advertising materials without explicit permission from Card My Yard after the termination of their agreement.