Who owns the Manuals provided to the Card My Yard franchisee, and what restrictions are placed on reproducing them?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, the manuals provided to franchisees remain the property of Card My Yard. These manuals, which are provided in electronic format, must be returned upon request or when the Franchise Agreement expires or is terminated. Franchisees are responsible for maintaining the confidentiality of the manuals and the information they contain. Access to the manuals is restricted to owners and employees who need the information to operate the Card My Yard business.
Franchisees are explicitly prohibited from printing, copying, duplicating, recording, or otherwise reproducing the manuals, either in whole or in part, without written consent. They also cannot make the manuals available to any unauthorized person. The manuals must be kept in a secure place at the Card My Yard business location. Card My Yard retains the right to add to or modify the manuals, and franchisees must comply with these changes to keep their copies current. In case of any dispute, the master copy of the manuals held at Card My Yard's offices will be the controlling version.
These restrictions are typical in franchising to protect the franchisor's proprietary information and maintain consistency across all franchise locations. By preventing unauthorized reproduction and distribution of the manuals, Card My Yard aims to safeguard its operational methods and standards. Prospective franchisees should understand that strict adherence to these confidentiality and usage rules is a condition of the franchise agreement.