Is the customer a third-party beneficiary of any agreement between Camp Margaritaville and the Third-Party Call Center Provider?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
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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.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, the customer is not a third-party beneficiary of any agreement with the Third-Party Call Center Provider. While the Third-Party Call Center Provider may provide services directly to the customer on behalf of Camp Margaritaville, the agreement specifies that only Camp Margaritaville maintains privity with the Third-Party Call Center Provider. This means the customer does not have direct contractual rights against the Third-Party Call Center Provider.
This arrangement limits the customer's legal recourse in case of issues with the call center services. If the Third-Party Call Center Provider fails to fulfill its obligations, the customer must rely on Camp Margaritaville to resolve the issue, as Camp Margaritaville is the only party with a direct contractual relationship with the provider.
The FDD also states that Camp Margaritaville will not be held liable if the Third-Party Call Center Provider fails to fulfill a commitment or obligation, provided it is through no fault of Camp Margaritaville. This further clarifies the separation of liability and the customer's reliance on Camp Margaritaville to ensure service standards are met by the Third-Party Call Center Provider.