What section of the Card My Yard Franchise Agreement details the franchisee's responsibilities for site development and other pre-opening requirements?
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.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 33–34)
What This Means (2025 FDD)
According to the 2025 Card My Yard Franchise Disclosure Document, Section III of the Franchise Agreement outlines the franchisee's responsibilities for site selection, construction, and opening date. Specifically, it details the franchisee's role in locating, obtaining, and developing a site within the Designated Search Area. The franchisee bears all costs, liabilities, and responsibilities associated with this process.
Card My Yard must approve the site, ensuring it meets minimum standards such as having at least 18 feet of wall space with walls at least 8 feet high, before any construction or renovations can begin. The franchisee cannot operate a Card My Yard business at a site that has not been approved in writing by Card My Yard. While Card My Yard does not provide written site selection guidelines, they may offer assistance in selecting a site that meets their minimum standards if requested or deemed necessary.
Additionally, 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 all local ordinances and building codes, at their own expense. Before starting construction, the franchisee must certify in writing that all required approvals have been obtained and that the necessary insurance coverage is in place.