Can Card My Yard make decisions that apply differently to different franchisees?

According to Card My Yard's 2025 Franchise Disclosure Document, Card My Yard has the right to reduce the scope of any covenant set forth in Section XI.C of the agreement without the franchisee's consent. This change is effective immediately upon notice to the franchisee, who must then comply with the modified covenant.

This clause grants Card My Yard significant unilateral power to alter the terms of the agreement, potentially creating different obligations or restrictions for different franchisees. For example, Card My Yard could reduce the geographic scope of a non-compete agreement for one franchisee but not for another. This could create an uneven playing field among franchisees, where some have more freedom to operate or pursue other business ventures than others.

Prospective franchisees should carefully consider the implications of this clause, as it gives Card My Yard considerable flexibility to modify the agreement's terms during the franchise term. It would be prudent to seek clarification from Card My Yard regarding the circumstances under which they might exercise this right and how they ensure fairness and consistency across the franchise system when making such modifications. Franchisees in Wisconsin have additional protections under the Wisconsin Fair Dealership Law, which supersedes any inconsistent provisions in the franchise agreement.