What constitutes a waiver of any breach of the Camp Margaritaville agreement?

According to the 2025 Camp Margaritaville Franchise Disclosure Document, a failure to exercise or a delay in exercising any right or remedy related to the franchise agreement will not be construed as a waiver. Furthermore, a single or partial exercise of any right or remedy does not prevent any other or further exercise of that right or remedy.

This means that Camp Margaritaville retains all of its rights, even if it chooses not to act immediately upon a franchisee's breach of contract. For example, if a franchisee fails to meet a certain standard but Camp Margaritaville does not immediately enforce that standard, they are not waiving their right to enforce it later. This protects Camp Margaritaville's ability to address issues as they see fit without setting a precedent that weakens their contractual rights.

Additionally, the FDD states that no waiver by any party of a breach or default shall be deemed a waiver of a subsequent breach or default of a similar nature. This clause reinforces the idea that each instance of non-compliance is treated separately, and Camp Margaritaville's response (or lack thereof) to one breach does not prevent them from addressing future breaches, even if they are similar in nature. This is a common provision in franchise agreements, designed to protect the franchisor's ability to enforce its standards consistently over time.