In the context of a Camp Margaritaville franchise, what is the relationship between the 'Agreement' and its exhibits and schedules?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
- “Agreement” shall mean this Franchise Agreement, including all exhibits and schedules hereto, as originally executed and as amended, modified, supplemented, or restated from time to time;
EXHIBIT A TO THE FRANCHISE AGREEMENT
DEFINITIONS
Words and terms used in this Agreement as defined terms with initial capital letters shall have the meaning ascribed thereto in this Agreement including, without limitation, the following words and terms shall have the respective meanings ascribed to them below and grammatical variations of such words and terms shall have corresponding meanings.
- "ADR" shall mean a measure of the average daily rate paid for rooms sold, calculated by dividing room revenue by rooms sold;
SCHEDULE 1 TO THE FRANCHISE AGREEMENT
SUBLICENSED MARKS
CAMP MARGARITAVILLE, U.S. Reg. No. 6241316
CAMP MARGARITAVILLE RV RESORT & Design, U.S. Serial No. 90/769,686:
EXHIBIT C TO THE DISCLOSURE DOCUMENT OTHER AGREEMENTS
Guaranty (the "Guaranty") attached hereto as Exhibit D.
THIS FBR RIDER TO THE CAMP MARGARITAVILLE FRANCHISE AGREEMENT ("Rider") is made and entered into by and between Margaritaville RV Resorts, LLC, a Delaware limited liability company ("Franchisor") and, a ("Franchisee") as a rider to the Franchise Agreement dated between Franchisor and Franchisee (the "Agreement") as of ("Effective Date").
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, the Franchise Agreement includes all exhibits and schedules. These exhibits and schedules are integral parts of the agreement, as they define specific terms, outline sublicensed marks, and detail other agreements related to the franchise. The Franchise Agreement, along with its exhibits and schedules, can be amended, modified, supplemented, or restated over time.
Exhibit A to the Franchise Agreement specifically provides definitions for terms used throughout the agreement. This exhibit clarifies the meaning of capitalized terms such as "ADR" (average daily rate), "Affiliate(s)," "Agreement," "Amenities Rider," and "Applicable Law," ensuring that both the franchisor and franchisee have a mutual understanding of these terms. Schedule 1 lists the sublicensed marks, such as "CAMP MARGARITAVILLE" and "CAMP MARGARITAVILLE RV RESORT & Design," which the franchisee is authorized to use.
Other exhibits, such as Exhibit C, pertain to other agreements, and Exhibit D includes the Guaranty form. Additionally, there's the FBR Rider to the Camp Margaritaville Franchise Agreement, which modifies certain terms and adds additional defined terms to the agreement. This rider grants a non-exclusive license to develop, construct, and operate dwellings and vacation rentals under the Camp Margaritaville brand. Understanding these exhibits and schedules is crucial for a franchisee to fully grasp their rights, obligations, and the scope of the franchise agreement.