Can Card My Yard increase the fees, and if so, under what conditions?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
Notes:
- (1) All fees and expenses described above are non-refundable and, unless otherwise indicated, are imposed uniformly by, and are payable to, us. Unless we have noted differently, we may increase these amounts based on changes in market conditions, our cost of providing services and future policy changes, but we have no present plans to increase any fees. | Marketing | Currently $0. If | If implemented, we will | businesses that are located in your Cooperative territory, such company owned Card My Yard businesses will NOT have voting power to increase your required Cooperative contributions. All or a portion of your contributions to a Cooperative may be used to establish and/or maintain a website(s) focused on promoting the Card My Yard Concept in and around your market area. See Note 2 for the definition of Gross | |------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Fund | implemented, an amount equal to the greater of: (a) one-half of one percent (0.5%) of the Card My Yard business' monthly Gross Sales or (b) $25 per month in the first 12 months of your agreement; $40 per month in months 13 through 24; and $65 per month in each 12- month period thereafter. | withhold these funds in the same manner as the royalty payments described above in this Item 6. | Sales. The Marketing Fund contribution is in addition to the local advertising requirement. We may increase the required contribution amount on not less than 30 days' written notice to you (up to a maximum of 2% of Gross Sales, subject to the monthly minimum payments). We may, in our sole discretion, change the frequency of the Marketing Fund Contributions (e.g. change to monthly payments) upon written notice to you. | | Interest and Late Fees | Interest of 18% per annum or the maximum rate allowed by applicable law, or, at our option, $100 for each failure to timely pay an amount owed under the Franchise Agreement | On demand | We may charge interest or a late fee for any delinquent amounts due under the Franchise Agreement. | You must complete at least 24 promotional yard greeting services (worth a total of approximately $2,400) during each 12 -month period under your agreement, and you must also spend at least the following amounts on local advertising: (a) $300 in the first 12 months of your agreement, (ii) $500 in months 13 through 24 of your agreement, and (iii) $800 in each 12 month period thereafter. No advertising cooperatives have been established as of the date of this disclosure document, but if established by us for your market, you will be required to contribute to such Cooperative.
On demand These fees are typically paid directly to the local marketing service providers, but if you fail to spend the required minimum amount on local marketing (or fail to complete the minimum number of promotional yard greetings services) then we may require you to pay the corresponding amounts to us so that we may purchase local marketing services for your Protected Area. Expenses considered to be local marketing include, but are not limited to, promotional yard set -ups, local coupons, Internet/social media ads, sponsorships, and/or PTA/PTO events. We may increase the minimum local advertising requirements upon 30 days' written notice to you.
Source: Item 6 — OTHER FEES (FDD pages 15–23)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, Card My Yard has the ability to increase certain fees under specific conditions. Card My Yard may increase the fees and expenses described in Item 6 based on changes in market conditions, the cost of providing services, and future policy changes. However, the document states that Card My Yard has no present plans to increase any fees.
Specifically, Card My Yard may increase the required contribution amount to the Marketing Fund, but requires not less than 30 days' written notice to the franchisee. The maximum increase is capped at 2% of Gross Sales, subject to the monthly minimum payments. Card My Yard also retains the right to change the frequency of Marketing Fund Contributions with written notice.
Card My Yard may also increase the minimum local advertising requirements upon 30 days' written notice to the franchisee. Additionally, if a franchisee fails to spend the required minimum amount on local marketing or fails to complete the minimum number of promotional yard greetings services (worth a total of approximately $2,400 each 12-month period), Card My Yard may require the franchisee to pay the corresponding amounts to them so that they may purchase local marketing services for the Protected Area. Card My Yard may charge interest of 18% per annum or the maximum rate allowed by applicable law, or, at their option, $100 for each failure to timely pay an amount owed under the Franchise Agreement.