factual

Besides the current Camp Margaritaville franchise agreement, what existing agreements remain in effect?

Camp_Margaritaville Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (xi) Franchisee (if Franchisee will no longer operate the Resort) and its transferring Owners agree that they will not directly or indirectly at any time or in any manner use the Camp Margaritaville Intellectual Property or Confidential Information, except as otherwise permitted under any other effective agreement with the Franchisor or its Affiliates.

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

What This Means (2025 FDD)

According to the 2025 Camp Margaritaville FDD, Section 12.02(a)(xi) discusses agreements that remain in effect after a transfer of ownership. Specifically, if a franchisee transfers their Camp Margaritaville franchise and will no longer operate the resort, they and their transferring owners agree not to use the Camp Margaritaville Intellectual Property or Confidential Information. However, this restriction does not apply if there is another effective agreement with Camp Margaritaville or its affiliates that permits such use.

This clause protects Camp Margaritaville's brand and proprietary information by preventing former franchisees from leveraging their knowledge and association with the brand in unauthorized ways after they sell their franchise. However, it also acknowledges that franchisees might have other, separate agreements with the franchisor or its affiliates that allow them to continue using the intellectual property or confidential information, even after the transfer.

For a prospective franchisee, this means that if they plan to exit the Camp Margaritaville system in the future, they need to be aware of these restrictions on using the brand's intellectual property and confidential information. They should also carefully review any other agreements they have with Camp Margaritaville or its affiliates to understand whether those agreements might provide an exception to this general restriction. It is important to consult with legal counsel to fully understand the implications of this clause and any other related agreements.

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.