What constitutes 'Fees' chargeable to or due from a Camp Margaritaville customer under the agreement?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
rcent of the invoice for services rendered under these CRS Terms of Use for the then-current month, in the event Margaritaville (or the Third-Party Call Center Provider) has failed to input proper information into the CR System or other applicable reservation system. Customer agrees to indemnify and hold Margaritaville harmless from any liability in connection with Customer's failure to honor a confirmed reservation, or in connection with improper charges imposed on a reservation holder. Subject to Margaritaville's (or the Third-Party Call Center Provider's) obligation to input proper information into the CR System, if Margaritaville makes any payment to or enters into settlement with a holder of a reservation with respect to a claim that Customer or Property failed to provide accommodations as confirmed, or charged a holder of a reservation improperly, Customer and the Property will immediately, on demand, pay such amounts to Margaritaville.
D. Fees.
Customer shall pay Margaritaville the Set-Up Fees and other fees and charges for Call Center Services as required pursuant to Attachment A of the CRS Terms of Use. Fees for Call Center Services shall be subject to fee increases as set forth in Sections 6 and 6 of the CRS Terms of Use. In the event Customer does not pay within 30 days of notice of an overdue payment, Margaritaville shall have the right to suspend the Call Center Services for any applicable Property(ies) until the overdue payment has been made (save for any amount disputed in good faith). A reactivation fee of $250 will be assessed if service has been disconnected or suspended due to non-payment. Failure by Margaritaville to invoice Customer promptly for any portion of the Call Center Services does not constitute a waiver by Margaritaville of its right to invoice Customer at a later time.
E. Early Termination.
In the event these Call Center Terms of Use are terminated prior to the expiration of the initial Term of the CRS Terms of Use for any reason other than due to material breach by Margaritaville, Customer shall pay to Margaritaville an Early Termination Fee in an amount equal to the average monthly revenue over the prior year due to Margaritaville under these Call Center Terms of Use, multiplied by six months. Customer shall pay Margaritaville for services provided under these Call Center Terms of Use up to the termination date.
F. Term of Call Center Terms of Use.
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- The term of these Call Center Terms of Use shall be co-terminus with the CRS Terms of Use. These Call Center Terms of Use shall automatically terminate upon any termination of the CRS Terms of Use.
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- These Call Center Terms of Use may be terminated by either Party in the event of a material breach that is not remedied within sixty (60) days following the delivery of written notice of the breach.
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Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville Franchise Disclosure Document, the fees chargeable to a customer consist of Set-Up Fees and other fees and charges for Call Center Services as stipulated in Attachment A of the CRS Terms of Use. These fees are subject to potential increases as detailed in Sections 6 and 6 of the CRS Terms of Use. If a customer fails to make payments within 30 days of receiving notice of overdue payment, Camp Margaritaville has the right to suspend Call Center Services for the relevant properties until the payment is made, although this excludes any amounts disputed in good faith. A reactivation fee of $250 will be applied if the service is disconnected or suspended due to non-payment.
Camp Margaritaville may also charge fees from third-party providers, which are separate from those listed in Attachment A of the agreement. These fees are passed on to the customer at cost and can be increased if the fees charged to Margaritaville increase. However, Camp Margaritaville must provide the customer with at least 30 days' written notice before implementing such increases. Certain third parties may bill Camp Margaritaville for additional services requested by the customer during the implementation process or during the term of the CRS Terms of Use, and these charges will also be billed to the customer at cost, provided the customer receives 30 days' prior written notice.
Attachment A lists all applicable one-time set-up fees or other nonrecurring charges for the Properties when they are initially implemented to the CR System. Properties may be added to these CRS Terms of Use via addendum and payment of any application set-up fees shall be due when invoiced after implementation. Margaritaville may increase pricing for all costs set forth herein on a systemwide basis by up to five percent (5%) on an annual basis and shall provide Customer an updated schedule of fees annually.