Who are considered 'Representatives' to whom Confidential Information about Camp Margaritaville can be disclosed?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Margaritaville and Company are entering into discussions concerning a possible transaction (the "Potential Transaction"). As part of the Parties' discussions regarding the Potential Transaction, it has been necessary and may continue to be necessary for a Party to disclose to another Party, or provide another Party with access to, certain proprietary and/or confidential business information.
The Party disclosing or providing access to certain proprietary and/or confidential business information (which may be Margaritaville or Company) shall hereinafter be referred to as the "Disclosing Party".
The Party being provided access to or receiving such proprietary and/or confidential business information (which may be Margaritaville or Company) shall be referred to hereinafter as the "Receiving Party".
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
The 2025 Camp Margaritaville FDD outlines various parties involved in confidentiality agreements. When Margaritaville and another company are discussing a potential transaction, both parties may disclose confidential information to each other. The party sharing the information is the "Disclosing Party," and the party receiving it is the "Receiving Party."
According to the FDD, if Camp Margaritaville directs a customer to obtain information from third parties, the customer must treat that information as Camp Margaritaville's confidential information. This highlights the importance of maintaining confidentiality even when information comes from external sources.
Furthermore, the FDD specifies that franchisees and their owners gain access to valuable training and confidential information that provides a competitive advantage. Franchisees and their owners are restricted from diverting business away from Camp Margaritaville resorts or taking actions that could harm the brand's goodwill. This includes preventing revenue management, sales, or marketing personnel from supporting non-Margaritaville-branded lodging locations, emphasizing the importance of protecting Camp Margaritaville's confidential information and competitive edge.