Who is required to maintain the confidentiality of the Manuals for a Card My Yard franchise?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
in our opinion, reasonably be necessary or advisable to protect and maintain our or our Affiliates' interests in the Marks.
XI. CONFIDENTIALITY AND NONCOMPETITION COVENANTS
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.
- B. Nondisclosure of Confidential Information. We will disclose to you those parts of our Confidential Information we deem necessary or advisable from time to time for the establishment and operation of the Card My Yard business. You agree that you and your Owners will not acquire any interest in the Confidential Information, other than the right to use the Confidential Information disclosed to you in operating the Card My Yard business during the term of this Agreement, and thatthe use or duplication of any Confidential Information in any other business would constitute an unfair method of competition. You agree to disclose the Confidential Information to your Owners and employees only to the extent reasonably necessary for the operation of the Card My Yard business pursuant to this Agreement. Our Confidential Information is proprietary, includes trade secrets owned by us and our Affiliates, and is disclosed to you solely on the condition that you agree, and you do hereby agree, that you: (i) will not use the Confidential Information in any other business or capacity; (ii) will maintain the confidentiality of the Confidential Information during and after the term of this Agreement; (iii) will not make unauthorized copies of any portion of the Confidential Information; and (iv) will adopt and implement all reasonable procedures that we prescribe from time to time to prevent the unauthorized use or disclosure of the Confidential Information, including, without limitation, restrictions on disclosure of the Confidential Information to Card My Yard business personnel and others. These covenants shall survive the expiration, termination or transfer of this Agreement or any interest herein and shall be perpetually binding upon you and each of the Owners.
- C. Noncompetition Covenants.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, both the franchisee and their owners are responsible for maintaining the confidentiality of the Manuals. The Manuals, provided in electronic format, remain the property of Card My Yard and must be returned upon request or termination of the Franchise Agreement. Franchisees are obligated to keep the Manuals and their contents confidential, restricting access to only those owners and employees who require the information to operate the Card My Yard business.
Franchisees are prohibited from reproducing the Manuals without authorization and must keep them secure at the Card My Yard business location. Card My Yard retains the right to modify the Manuals, and franchisees must comply with any additions or changes. In case of disputes, the master copy held at Card My Yard's offices will be the controlling version. The specifications, procedures, and rules within the Manuals are considered provisions of the Franchise Agreement.
Furthermore, any employees or individuals associated with the franchisee who have access to confidential information must also sign a confidentiality agreement. This agreement ensures they maintain the confidentiality of the information and use it solely for operating the Card My Yard business. These individuals cannot copy or disclose the confidential information without express permission and must return any materials containing confidential information upon request or termination of their association with the franchisee. These measures protect Card My Yard's system and goodwill by preventing unauthorized use or disclosure of proprietary information.