Does the landlord acknowledge that the tenant operating at the premises is a Card My Yard franchisee?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
Fair Dealership Law, Chapter 135, Stats. supersedes any provisions of the Franchise Agreement that are inconsistent with that law. FRANCHISOR: CMY FRANCHISING, LLC, a Delaware limited liability company By: Name: Joshua Arnold Title: Chief Executive Officer Date: FRANCHISEE: By: By: By: Name: Name: Name:
Title: Title: Title:
Date: Date: Date:
EXHIBIT F TO THE FRANCHISE AGREEMENT
LEASE ADDENDUM TERMS
- (a) Landlord acknowledges that Tenant is a franchisee of CMY Franchising, LLC, a Delaware limited liability company ("we," "us," or "our"), and that the Card My Yard business located at the Premises ("Unit") is operated under the Card My Yard business franchise system, pursuant to a franchise agreement ("Franchise Agreement") between Tenant and us. Landlord consents to Tenant's use at the Premises of such marks and signs, decor items, color schemes and related components of the Card My Yard business system as we may prescribe for the Unit. During the term of the Franchise Agreement, the Premises may be used only for the operation of the Unit.
- (b) Landlord agrees to furnish to us copies of any and all letters and notices sent to Tenant pertaining to the Lease and the Premises at the same time that such letters and notices are sent to Tenant. Without limiting the foregoing, in the event of any default by Tenant, Landlord shall give us written notice of such default. If Tenant has failed to cure such default at the expiration of the applicable cure period, Landlord shall give us further written notice of such failure ("Franchisor Notice"). Following our receipt of the Franchisor Notice, we shall have the right (but not the obligation) to cure Tenant's default before Landlord shall exercise any of Landlord's remedies arising as a consequence of Tenant's default. Any such cure shall be effected within fifteen (15) days following our receipt of the Franchisor Notice. Any cure by us shall not be deemed to be an election to assume the terms, covenants, obligations and conditions of the Lease.
- (c) If we cure Tenant's default, or if we notify Landlord that the Franchise Agreement has been terminated (which termination shall constitute a non-curable default pursuant to the Lease upon Landlord's receipt of our notice thereof), Landlord agrees, upon our written request, to assign to us any and all rights that Landlord may have under the Lease to remove and evict Tenant from the Premises and shall cooperate with us in order to pursue such action to a conclusion.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, if a franchisee operates their Card My Yard business from a location that is not their primary residence, the lease must include a rider in the form attached as Exhibit F. This exhibit includes terms in which the landlord acknowledges that the tenant is a Card My Yard franchisee, operating under the Card My Yard franchise system, pursuant to a franchise agreement with CMY Franchising, LLC. The landlord also consents to the franchisee's use of Card My Yard's marks, signs, decor items, color schemes, and related components at the premises. During the term of the Franchise Agreement, the premises can only be used for the operation of the Unit.
Furthermore, the landlord agrees to furnish copies of any letters and notices sent to the tenant regarding the lease and premises to Card My Yard at the same time they are sent to the tenant. In the event of any default by the tenant, the landlord must provide written notice to Card My Yard.
In the event that the lease is assigned to Card My Yard, the landlord and Card My Yard will enter into an agreement to document the assumption of the lease. If Card My Yard notifies the landlord that the franchise is being granted to another Card My Yard franchisee, the landlord must permit the assignment of the lease to the new franchisee, provided they meet reasonable financial qualifications, without any fees or costs. The landlord cannot unreasonably withhold consent to such assignment. The tenant is also prohibited from assigning the lease or renewing/extending its term without Card My Yard's prior written consent, and the landlord and tenant cannot amend or modify the lease in any way that could materially affect these requirements without Card My Yard's prior written consent.