What agreement defines the licensed rights to Margaritaville's trademarks and trade name in connection with the Camp Margaritaville property?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
This TRADEMARK LICENSE AGREEMENT (this "Agreement"), dated as of this 4th day of April, 2019, is entered into by and between MARGARITAVILLE ENTERPRISES, LLC, a Delaware limited liability company ("Licensor"), and MARGARITAVILLE RV RESORTS, LLC, a Delaware limited liability company ("Licensee").
WHEREAS, Licensor is the exclusive owner of the Margaritaville Enterprises IP Rights and is licensed by Jimmy Buffett to use and sublicense the Buffett IP Rights;
WHEREAS, Licensee desiresto have the right to sublicense the Margaritaville Intellectual Property pursuant to Trademark Sub-License Agreements and/or Franchise Agreements to developers and operators of Camp Margaritaville-branded RV resorts (each, a "Trademark Agreement"; and collectively, the "Trademark Agreements"); and
WHEREAS, subject to the terms and conditions hereof, Licensor is willing to grant to Licensee the right to use the Margaritaville Intellectual Property for the purpose of sublicensing such Margaritaville Intellectual Property, as set forth in the Trademark Agreements;
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, it is hereby agreed as follows:
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, the Trademark License Agreement, dated April 4, 2019, defines the licensed rights to Margaritaville's trademarks and trade names. This agreement is between Margaritaville Enterprises, LLC (Licensor) and Margaritaville RV Resorts, LLC (Licensee). It grants the Licensee the right to sublicense Margaritaville Intellectual Property through Trademark Sub-License Agreements and/or Franchise Agreements to developers and operators of Camp Margaritaville-branded RV resorts.
The Trademark License Agreement allows Camp Margaritaville RV Resorts, LLC to sublicense the Margaritaville Intellectual Property to franchisees. This enables franchisees to legally use the brand's trademarks, trade names, and other intellectual property in connection with their Camp Margaritaville location. The agreement ensures that franchisees operate under the authorized branding and standards set by Margaritaville.
The agreement includes several key provisions, such as definitions of terms, the scope of the license and sublicense grant, and representations and warranties from the Licensor. The Licensor warrants that it has the authority to grant the sublicense and that the use of the Margaritaville Intellectual Property by the Licensee will not infringe on any third-party rights. This provides assurance to the Licensee that they can operate under the brand without legal challenges related to intellectual property.
The agreement also specifies that the Licensee cannot take any action that would harm the goodwill and reputation of the Licensor or the Margaritaville Intellectual Property. This provision aims to protect the brand's image and maintain its value. Additionally, the Licensor agrees to assist the Licensee in complying with its obligations under the Trademark Agreements, ensuring that the Licensee has the necessary support to operate successfully under the Margaritaville brand.