Will Card My Yard have liability for decisions or actions taken in the absence of an applicable statute?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
XVII. INDEPENDENT CONTRACTOR
- A. Independent Contractor. You agree thatthe relationship created by this Agreementis not a fiduciary, special, or any other similar relationship, but rather is an arm's-length business relationship, and we owe you no duties except as expressly provided in this Agreement. You are an independent contractor, and nothing in this Agreement is intended to constitute either party an agent, legal representative, subsidiary, joint venturer, partner, employee, joint employer or servant of the other for any purpose. During the term of this Agreement, you agree to hold yourself out to the public as an independent contractor conducting the operations of the Card My Yard business pursuant to the rights granted by us. Nothing in this Agreement authorizes you or any of your Owners to make any contract, agreement, warranty or representation on our behalf, or to incur any debt or other obligation in our name, and we will in no event assume liability for, or be deemed liable under this Agreement as a result of, any such action, or for any act or omission of you or any of your Owners or any claim or judgment arising therefrom.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, franchisees operate as independent contractors. The agreement specifies that the relationship between Card My Yard and its franchisees is an arm's-length business relationship, not a fiduciary or special relationship. Card My Yard explicitly states that it owes franchisees no duties except as expressly provided in the franchise agreement.
Card My Yard is not liable for any actions or omissions of the franchisee or their owners. The franchisee is responsible for all contracts, agreements, warranties, or representations made on their behalf, and for any debts or obligations incurred in their name. Card My Yard will not assume liability for these actions or for any claims or judgments arising from them.
This delineation of responsibility is typical in franchising, where franchisees operate independently. Prospective Card My Yard franchisees should understand that they are responsible for their business's operations and legal compliance, and Card My Yard is not liable for their actions unless explicitly stated in the franchise agreement.