Does Card My Yard include a Confidentiality and Noncompetition Agreement as an exhibit to the Franchise Agreement?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
XI. CONFIDENTIALITY AND NONCOMPETITION COVENANTS
A. Manuals. The Manuals are our property and will be provided in an electronic format. You agree to return them to us at our request and in any event when this Agreement expires or is terminated for any reason. You and your Owners must at all times maintain the Manuals, and the information contained in them, as confidential in
compliance with this Article XI. You may make the Manuals available only to those of your Owners and employees who must have access to them in order to operate the Card My Yard business and may not at any time print, copy, duplicate, record or otherwise reproduce the Manuals, in whole or in part, or make them available to any unauthorized person. You agree to maintain the Manuals in a secure place at the Card My Yard business. We have the right to add to or modify the Manuals from time to time. You agree to comply with the terms of all additions and modifications to the Manuals and to keep your copy of the Manuals current. If there is a dispute about the contents of the Manuals, the terms of the master copy at our offices shall control. The entire contents of the Manuals, and our mandatory specifications, procedures and rules prescribed from time to time, shall constitute provisions of this Agreement as if they were set forth herein.
- B.
Nondisclosure of Confidential Information.
We will disclose to you those parts of our Confidential Information we deem necessary or advisable from time to time for the establishment and operation of the Card My Yard business.
You agree that you and your Owners will not acquire any interest in the Confidential Information, other than the right to use the Confidential Information disclosed to you in operating the Card My Yard business during the term of this Agreement, and thatthe use or duplication of any Confidential Information in any other business would constitute an unfair method of competition.
You agree to disclose the Confidential Information to your Owners and employees only to the extent reasonably necessary for the operation of the Card My Yard business pursuant to this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
Based on the 2025 Card My Yard Franchise Disclosure Document, the agreement emphasizes the importance of protecting Card My Yard's confidential information and system against unfair competition. Franchisees and their employees are required to maintain the confidentiality of the information and use it only in connection with the Card My Yard business. This obligation extends beyond the termination of the Franchise Agreement. The agreement outlines that franchisees must disclose confidential information only to those owners and employees who need it for business operations.
The FDD states that franchisees and their owners will receive valuable training and confidential information, including operational, sales, promotional, and marketing methods. This specialized training and information provide a competitive advantage, making access to them a primary reason for entering into the Franchise Agreement. Franchisees and owners agree not to divert business or customers to competitors or engage in actions that harm the goodwill associated with Card My Yard's marks and system.
The agreement specifies non-compete restrictions during the term of the agreement and for a period following termination, expiration, or transfer. These restrictions prevent franchisees and owners from engaging in similar businesses within specific geographic areas. The franchisee must ensure that anyone with access to confidential information, such as employees, acts in accordance with the agreement. The agreement also states that the manuals provided to the franchisee are Card My Yard's property and must be kept confidential.
The Card My Yard franchise agreement includes exhibits, such as Exhibit C, where the franchise location and protected area are specified. The franchisee acknowledges that the Franchise Agreement contains no changes from the form attached to the franchise disclosure document, other than those made with their knowledge and through negotiations with Card My Yard. The franchisee also confirms they have read the agreement and disclosure document and accept the terms as necessary to maintain uniformity and protect the goodwill of the Card My Yard system.