Is Camp Margaritaville the exclusive third-party provider of call center reservation services for the customer's property during the term?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
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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.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville FDD, Camp Margaritaville (including any Third-Party Call Center Provider) will serve as the exclusive third-party provider of call center reservation services for the customer's property during the term of the agreement. This means that franchisees are obligated to use Camp Margaritaville or its designated third-party for these services. However, the parties can mutually agree to add languages, toll-free numbers, and/or properties, with any such changes made via an amendment to Attachment 1.
Camp Margaritaville may provide call center services through an affiliate or a third-party supplier. The third-party call center provider can offer these services directly to the customer on behalf of Camp Margaritaville, in accordance with the terms and conditions outlined in the agreement.
While a Third-Party Call Center Provider may be involved, the customer is not a third-party beneficiary of any agreement between Camp Margaritaville and the Third-Party Call Center Provider. Camp Margaritaville maintains the direct relationship with the Third-Party Call Center Provider. Camp Margaritaville will not be held liable if the Third-Party Call Center Provider fails to fulfill its obligations, provided it is not due to any fault of Camp Margaritaville.