What restrictions are placed on a Card My Yard franchisee regarding printing or copying the Manuals?
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.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, franchisees face specific restrictions regarding the use and reproduction of the franchise's operational manuals. The manuals, provided in electronic format, remain the property of Card My Yard and must be returned upon the agreement's expiration or termination. Franchisees are responsible for maintaining the confidentiality of the manuals and their contents. Access to the manuals is limited to owners and employees who require the information to operate the Card My Yard business.
Specifically, franchisees are prohibited from printing, copying, duplicating, recording, or otherwise reproducing the manuals, either in whole or in part. They also cannot make the manuals available to any unauthorized individuals. The manuals must be kept in a secure location at the Card My Yard business premises. 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 of the manuals held at Card My Yard's offices will be the controlling version.
These restrictions are typical in franchising, as franchisors seek to protect their proprietary information and maintain consistency across all franchise locations. By limiting the ability to copy or distribute the manuals, Card My Yard aims to control the dissemination of its operational methods and ensure that only authorized personnel have access to sensitive business information. This helps to preserve the brand's competitive advantage and maintain uniformity in service and operations across the Card My Yard system.
Furthermore, franchisees are required to obtain written consent from Card My Yard before making copies of any documents containing confidential information. This includes the manuals. Disclosure of confidential information is only permitted to authorized employees and only to the extent necessary for training or assisting in the Card My Yard business operation. These measures reinforce the importance of maintaining confidentiality and preventing unauthorized use of Card My Yard's proprietary information.