Does a delay in exercising a right under the Camp Margaritaville agreement constitute a waiver of that right?

According to the 2025 Camp Margaritaville FDD, a delay in exercising any right, remedy, power, or privilege arising from the agreement will not be construed as a waiver of that right. Furthermore, any single or partial exercise of a right does not prevent any further exercise of that right or any other right available. This means that Camp Margaritaville's failure to immediately enforce a specific term or condition of the franchise agreement does not forfeit their ability to enforce that term later on, nor does it prevent them from enforcing other terms. This clause protects Camp Margaritaville's ability to act on breaches of contract without setting a precedent of non-enforcement.

This type of 'no waiver' clause is common in franchise agreements. It gives the franchisor flexibility in managing its franchise network. For a franchisee, this means they cannot assume that leniency in one instance will apply in all situations. Franchisees must consistently adhere to the franchise agreement terms, as Camp Margaritaville retains the right to enforce any provision at any time, regardless of past actions or inactions.

This provision is generally favorable to the franchisor, Camp Margaritaville, as it preserves their rights and remedies over time. However, it also creates a clear expectation for the franchisee: strict compliance with the agreement is always required. Franchisees should be aware of this and seek legal counsel to fully understand their obligations and potential liabilities under the franchise agreement.