factual

What must accompany the transfer notice when a Camp Margaritaville franchisee seeks to transfer their rights?

Camp_Margaritaville Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (a) Transfer. In the event that Franchisee desires to effect a Change of Control or assign, sublicense or transfer its rights and/or obligations under this Agreement (each, a "Transfer"), Franchisee shall provide Franchisor notice of such anticipated Transfer as soon as reasonably practicable but in no event less than 30 days before the Transfer is to occur. Accompanying such notice, the transferee shall submit a copy of the then-current franchise application and the then-current application fee. Franchisor shall determine whether to approve the Transfer within 15 calendar days, which will not be unreasonably withheld if the following conditions are met:
    • (i) the Transfer is not to a Competing Brand;
    • (ii) the Transfer would not materially or detrimentally harm the Franchisor or its Affiliates;
    • (iii) the transferee and each of its direct or indirect owners (if the transferee is a legal entity) has, in Franchisor's sole discretion, the necessary business experience, aptitude, and financial resources to operate the Resort and meets Franchisor's thencurrent standards for Camp Margaritaville Resorts franchisees;
    • (iv) Franchisee has paid all amounts due to Franchisor and undisputed amounts due to third-party vendors related to the Resort and is in substantial compliance with this Agreement during the 60-day period prior to requesting Transfer and during the period after the request was made but before the Transfer is effective;
    • (v) the transferee's proposed Management Company, if different from the current Management Company, meets Franchisor's then-current standards for Management Companies and completes the Training Program and any other training required of Management Companies at the time;
    • (vi) the transferee and its owners (if the Transfer is of this Agreement), or Franchisee and its Owners (if the Transfer is of an ownership interest that results in Control by the transferor in Franchisee or one of its Owners with Control), sign Franchisor's thencurrent form of franchise agreement and related documents for use with existing Camp Margaritaville Resorts (including guarantees and assumptions of obligations), any and all of the provisions of which may differ materially from any and all of those contained

Source: Item 23 — RECEIPTS (FDD pages 72–406)

What This Means (2025 FDD)

According to Camp Margaritaville's 2025 Franchise Disclosure Document, a franchisee seeking to transfer their rights must provide notice to Camp Margaritaville of the anticipated transfer at least 30 days before it occurs. This notice must be accompanied by specific documents and fees from the prospective transferee.

The transferee is required to submit a copy of the then-current franchise application. Additionally, the transferee must include the then-current application fee with their submission. This ensures that Camp Margaritaville has all the necessary information to evaluate the transferee's qualifications and financial capabilities.

Camp Margaritaville has 15 calendar days to determine whether to approve the transfer, and approval will not be unreasonably withheld if certain conditions are met. These conditions include ensuring the transfer is not to a competing brand, does not harm Camp Margaritaville, and that the transferee meets the brand's standards for franchisees.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.