Who is responsible for the costs associated with site selection and development for a Card My Yard business?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
12-month period, we may reduce or eliminate your territorial rights within the Protected Area, or terminate this Agreement, upon 30 days' written notice to you.
III. SITE SELECTION, CONSTRUCTION AND OPENING DATE
- A. Site Selection and Acquisition. You assume all cost, liability, expense and responsibility for locating, obtaining and developing a site for the Card My Yard business within the Designated Search Area. You acknowledge and agree that you acquire no rights in and to the Designated Search Area, other than the right to select a site for the Card My Yard business from within its boundaries. Following your selection and our acceptance of a site for your Card My Yard business, the Franchise Location will be identified in Exhibit C to this Agreement and the Designated Search Area will be of no further force or effect.
- (1) You must identify and secure a site for your Card My Yard business within your
Designated Search Area (or at a site within your Protected Area if such area has been agreed upon before you sign this Agreement). We anticipate that your site will be your home. We must accept the site as meeting our minimum standards (at least 18 feet of wall space with walls at least 8 feet high) before you may begin any construction or
renovations or use such site for your Card My Yard business. You cannot place a Card My Yard business at a site we have not first accepted in writing. We do not provide written site selection guidelines, but if you request (or we deem it appropriate) we will assist you in selecting a site that meets our minimum site standards (at least 18 feet of wall space with walls at least 8 feet high). We will not provide an on-site evaluation for any proposed site before receiving all required information and materials required pursuant to Section III.A(2) below.
- (2) If you wish to operate your Card My Yard Business from a location that is not your primary residence, then before acquiring a site for the Card My Yard business, you must submit to us, in the form specified by us, a description of the site, evidence satisfactory to us demonstrating that the site satisfies our site selection guidelines, and such other information and materials as we may reasonably require,including, but notlimited to, a final, complete copy of the lease (which must incorporate a rider in substantially the form attached hereto as Exhibit F) or contract of sale for the site for your Card My Yard business. Such lease or contract for sale may not be signed by you unless it includes a rider in substantially the form attached hereto as Exhibit F and is submitted to, and approved by, us in advance.
- (3) We shall have fifteen (15) days after receiving all required site information to accept or reject, in our sole discretion, the proposed site as the location for your Card My Yard business. No site may be used for a Card My Yard business unless it is first accepted in writing by us, and you shall not make any binding commitment with respect to a site for your Card My Yard business unless the site is first accepted in writing by us. If we accept multiple sites for the Card My Yard business, you shall notify us in writing within five (5) days of the date of such acceptance of the site that you intend to acquire for the Card My Yard business. You acknowledge that our acceptance of a prospective site and the rendering of assistance in the selection of a site does not constitute a representation, promise, warranty or guarantee, express or implied, by us that the Card My Yard business operated at that site will be profitable or otherwise successful.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, the franchisee is responsible for all costs associated with site selection and development. Specifically, the franchisee assumes all cost, liability, expense, and responsibility for locating, obtaining, and developing a site for the Card My Yard business within the Designated Search Area.
This means that prospective Card My Yard franchisees must be prepared to cover expenses related to finding a suitable location, which may include their home, and ensuring it meets the franchisor's minimum standards. If the franchisee chooses a location other than their primary residence, they are responsible for submitting a description of the site and evidence that it meets Card My Yard's site selection guidelines. Additionally, the franchisee bears the costs of acquiring the site, whether through purchase or lease.
Furthermore, the franchisee is responsible for obtaining all necessary zoning classifications, clearances, permits, licenses, and certifications required for the construction and operation of the Card My Yard business. They must also ensure the premises comply with local ordinances and building codes, all at their own expense. If any architectural, engineering, design, or construction services are needed, the franchisee must obtain these at their expense as well. Card My Yard may provide a list of approved architects and engineers, but is not obligated to do so.