What right does Card My Yard grant to the franchisee?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
We hereby grant you the right, and you accept the obligation, to establish and operate a Card My Yard business under the Marks and the System in accordance with this Agreement at theFranchise Location.
This Agreement only grants you the right to operate the Card My Yard business at the Franchise Location in accordance with this Agreement and our standards.
You are not authorized to offer any of the products and services offered by Card My Yard businesses at wholesale.
- B.
Protected Area.
Your Protected Area will be described in Exhibit C.
Except as provided in Section II.C. and subject to your full compliance with this Agreement (including the minimum Gross Sales requirements set forth in Section II.C) and any other agreement between you or your Affiliates and us or our Affiliates, neither we nor any of our Affiliates will establish, or authorize any person or entity other than you to establish, a Card My Yard business in the Protected Area during the term of this Agreement.
If you are unable to provide services for all orders or inquiries submitted by consumers in the Protected Area, or if you mark yourself as unavailable, we or one of our other franchisees may provide services to those consumers during such times.
- C.
Reserved Rights and Minimum Gross Sales Requirements.
The rights granted to you under this Agreement are nonexclusive, and we and our Affiliates have and retain all rights within and outside the Protected Area except those expressly granted to you.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, the company grants the franchisee the right and obligation to establish and operate a Card My Yard business under the company's marks and system at the franchise location. This right is granted in accordance with the Franchise Agreement. The agreement specifies that the franchisee is only authorized to operate the Card My Yard business at the designated franchise location and in accordance with the standards set forth in the agreement. The franchisee is not authorized to offer any of the products and services at wholesale.
The franchisee's protected area is described in Exhibit C of the Franchise Agreement. Card My Yard agrees not to establish or authorize anyone else to establish a Card My Yard business within the franchisee's protected area during the term of the agreement, provided the franchisee fully complies with the agreement, including meeting minimum gross sales requirements. However, this protection is not absolute. Card My Yard or its other franchisees may provide services to consumers within the protected area if the franchisee is unable to fulfill all orders or marks themselves as unavailable.
It's important to note that the rights granted to the franchisee are nonexclusive. Card My Yard and its affiliates retain all rights within and outside the protected area except those expressly granted to the franchisee. This means Card My Yard can operate or license others to operate Card My Yard businesses outside the protected area, even in locations adjacent to or surrounded by the protected area. They can also develop other business systems, even those offering similar products or services, under different names or marks, both within and outside the protected area.