What is the dependency between disclosing confidential information and obtaining written consent for Camp Margaritaville?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
(i) Margaritaville and Customer shall each retain in confidence all information transmitted to it by or under authorization of the other party pursuant to or in connection with these CRM Terms of Use in which the disclosing party identifies as being proprietary or confidential or that, by the nature of the circumstances surrounding the disclosure, would in good faith be treated as proprietary and/or confidential ("Confidential Information"). Neither party will make use of the other's party's Confidential Information except pursuant to the terms of these CRM Terms of Use. By way of example, but not limitation the following information is considered Confidential Information: (a) these CRM Terms of Use and its terms, (b) the technology, ideas, formulae, knowhow, documentation, procedures, algorithms and trade secrets embodied in the CRM Services and/or Connection Platform, technical documentation, solution methodology, end user manuals, Documentation and Deliverables, (c) Customer Data, end user ID's and passwords; and/or (d) any other information, in any form identified in writing as confidential. If Customer obtains information relating to Margaritaville or CRM from third parties to whom it is directed by Margaritaville, then Customer shall treat such information as Margaritaville's Confidential Information
under these CRM Terms of Use. Customer agrees, without limitation, that Customer Data is part of the Customer's Confidential Information.
(ii) The receiving party shall not disclose Confidential Information or use it in any manner not expressly authorized by these CRM Terms of Use. Unless written authorization is received from the disclosing party, the receiving party shall not: (a) disclose the disclosing party's Confidential Information or allow it or cause it to be disclosed to any third parties; (b) destroy any disclosing party Confidential Information or cause it to be inaccessible to the disclosing party (other than in accordance with its standard document retention policy); or (c) use the disclosing party's Confidential Information or allow it to be used for purposes other than in furtherance of these CRM Terms of Use.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, franchisees are required to maintain the confidentiality of information they receive. Specifically, if information is identified as proprietary or confidential, or by its nature should be treated as such, it is considered "Confidential Information." This includes, but is not limited to, the terms of the CRM agreement, technology, ideas, know-how, customer data, and any other information identified in writing as confidential.
The franchisee, as the receiving party, is prohibited from disclosing Confidential Information or using it in any way not explicitly authorized by the CRM Terms of Use. To disclose any confidential information, the franchisee must obtain prior written authorization from Camp Margaritaville, the disclosing party. Without this written consent, the franchisee cannot disclose the information to third parties, destroy it, or use it for purposes outside the scope of the CRM Terms of Use.
This requirement ensures that Camp Margaritaville maintains control over its proprietary information and trade secrets. For a prospective franchisee, this means understanding the importance of safeguarding confidential information and adhering to the specific protocols outlined in the CRM Terms of Use. Failure to comply with these confidentiality requirements could result in legal and financial repercussions for the franchisee.