Is a Camp Margaritaville customer considered a third-party beneficiary of any agreements with service providers?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
er of abandoned calls; and
- (vi) average length of calls;
- (h) to provide or make available to Customer online access for the purpose of monitoring utilization of the Call Center Services and phone lines, and use of the CR System;
- (i) to bill Customer separately for all local and long- distance fees that are billed to Margaritaville for Customer's phone lines, if applicable;
- (j) to issue a monthly invoice to the Customer on or before the 20th day of the next calendar month to which the invoice relates.
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- Customer agrees that, during the Term, Margaritaville (including any Third-Party Call Center Provider) will serve as exclusive third-party provider of call center reservation services for the Customer's Property. The Parties may agree to add languages, toll free numbers and/or Properties as mutually agreed to by the parties. Any such change shall be agreed to in good faith between the Parties and shall be made by amendment to Attachment 1.
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- Customer acknowledges that Third-Party Call Center Provider has agreed to provide certain services to Margaritaville with respect to Call Center Services, and that Margaritaville has extended the same to Customer pursuant to this Section A on a pass-through basis. Notwithstanding the foregoing, Customer is not a third-party beneficiary of any commitment by or agreement with Third-Party Call Center Provider, and only Margaritaville maintains privity with Third-Party Call Center Provider for any matter set forth in these Call Center Terms of Use. In no event shall Margaritaville be held liable to the extent a commitment or obligation of Third-Party Call Center Provider has not been fulfilled through no fault of Margaritaville.
**C.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville Franchise Disclosure Document, a customer is generally not considered a third-party beneficiary of agreements with service providers. Specifically, in the context of call center reservation services, the document states that while Camp Margaritaville may extend certain service provider protections to the customer on a pass-through basis, the customer does not become a third-party beneficiary of the agreements between Camp Margaritaville and the Third-Party Call Center Provider. This means that only Camp Margaritaville has a direct legal relationship with the service provider. This is further reinforced in the terms of use related to the Platform and Services, where it is stated that the Customer is not a third-party beneficiary of any commitment by or agreement with Services Provider, and only Margaritaville maintains privity with Services Provider for any matter set forth in these Terms of Use.
This arrangement limits the customer's ability to directly pursue legal action against the service provider for any failures or breaches of contract. Instead, Camp Margaritaville is responsible for managing the relationship with the service provider and ensuring that the services are delivered as agreed. The franchisee (referred to as "Customer" in this context) must rely on Camp Margaritaville to resolve any issues with the service provider.
Camp Margaritaville does commit to commercially reasonably assist the Customer with respect to any issues, questions or conflicts with the Services Provider arising under these Terms of Use and the Master Agreement. However, Camp Margaritaville is not liable if the service provider fails to fulfill its obligations, provided that such failure is not due to any fault of Camp Margaritaville. This pass-through agreement structure is a way for Camp Margaritaville to manage its service provider relationships while maintaining control and limiting direct liability to its franchisees.