What bank charges is a Camp Margaritaville participant responsible for reimbursing Givex for, excluding those resulting from Givex's errors?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Agreement applicable to Participant, as well as the policies and procedures established by Merchant and Givex from time to time.
- 1.3 Debit and Credit Authorization. Participant agrees to maintain a bank account at a chartered bank or financial institution in the United States of America (the "Participant Account") and to enable the settlement of gift card transactions in connection with the Merchant Program. Participant agrees to execute the Direct Debit and Credit Request form attached as Schedule A hereto (the "Request Form") and to return same to Givex. If Participant does not execute and return a copy of the Request Form to Givex, Givex shall have no further obligations to Participant hereunder, notwithstanding the parties' separate obligations to Merchant. Participant agrees and acknowledges that Givex is authorized to debit, credit or otherwise transfer funds from the Participant Account to settle all transactions in connection with the Merchant Program.
USA PARTICIPATION AGREEMENT Givex USA Corporation: Private & Confident
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, franchisees participating in the gift card program are responsible for reimbursing Givex for specific bank charges. These charges are incurred during the settlement of gift card transactions. However, Camp Margaritaville franchisees are only responsible for these bank charges if they result from errors that the franchisee makes, not errors made by Givex.
Specifically, the franchisee must reimburse Givex for bank charges resulting from several issues. These include incorrect banking information, insufficient funds, recalled, rejected, or incomplete direct debit transactions, invalid transaction type codes, inactive service, late processing fees, and duplicate files provided by the franchisee.
Additionally, Givex is permitted to debit and credit the franchisee's account to settle reversing entries, and an administration fee of $25.00 will be applied for each reversing entry not caused by Givex's error. If the franchisee fails to correct the error or default within 15 days of written notice from Givex, Givex has no further obligations to the franchisee, although the parties' obligations to the Merchant still stand.