What documents are included in the definition of the 'Agreement' for a Camp Margaritaville franchise?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
FBR RIDER TO THE CAMP MARGARITAVILLE
FRANCHISE AGREEMENT
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"). WHEREAS, pursuant to the Agreement, Franchisor has authorized Franchisee to operate the Resort as a Camp Margaritaville Resort at the Site; WHEREAS, Franchisee has applied to operate certain Margaritaville-branded Restaurants (as defined herein) and/or Retail Stores in connection with the operation of the Resort; WHEREAS, Franchisor is willing to accept such application and grant a license to Franchisee to use the Camp Margaritaville Intellectual Property to open and operate the following Restaurants and/or Retail Stores at the Site and solely in connection with the Resort: Restaurants: Retail Stores: NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are acknowledged, we and you agree as follows:
1. TERMS. Capitalized terms in this Rider have the meaning set forth in the Agreement, unless added or amended pursuant to Section 2 below.
2. DEFINITIONS.
- 2.1 "FBR Intellectual Property" shall mean any and all trademarks, trade dress and other intellectual property licensed by Franchisor and used in connection with the Restaurants and Retail Stores as authorized herein; all FBR Intellectual Property shall be deemed part of the Camp Margaritaville Intellectual Property for all purposes of the Agreement;
- 2.2 "FBR System" shall mean the concept and systems associated with each of the Restaurants and Retail Stores, as Franchisor periodically modifies any of the foregoing, including the
FBR Intellectual Property, the Restaurant Manual, the Confidential Information; the Décor, quality assurance measures; the Training Program and Task Force; the Restaurant Standards and Retail Standards; the FBR System shall be deemed part of the Camp Margaritaville System for all purposes of the Agreement;
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
Based on the 2025 Camp Margaritaville Franchise Disclosure Document, the definition of the 'Agreement' can include several documents beyond the initial franchise agreement itself. Specifically, if a franchisee applies to operate Margaritaville-branded Restaurants and/or Retail Stores in connection with the operation of the Resort, the FBR Rider to the Camp Margaritaville Franchise Agreement is included as part of the agreement. This rider grants a license to use Camp Margaritaville Intellectual Property to open and operate these Restaurants and/or Retail Stores at the site.
Additionally, if the franchisee intends to develop, construct, and operate dwellings and vacation rentals under the "Camp Margaritaville" umbrella, the agreement includes a rider modifying certain defined terms and adding additional defined terms. This grants a limited non-exclusive license for these activities, subject to the terms of the agreement. However, this is contingent upon the franchisee registering to sell the dwellings and rent the vacation rentals in compliance with applicable law, including the Interstate Land Sales Full Disclosure Act, within ninety days of the rider's effective date.
Furthermore, the agreement may encompass rental management agreements between dwelling owners and the franchisee for participation in the Rental Program, with the form of the agreement subject to the franchisor's approval. Also, Homeowners' Association (HOA) documents governing the dwellings are subject to the Franchisor's advance review and written approval to ensure compliance with the agreement and the Dwellings Standards. These HOA documents must state that if the Franchisee loses the right to use the Camp Margaritaville Intellectual Property, the HOA cannot use the Camp Margaritaville Intellectual Property unless the HOA enters into a license agreement with the franchisor.