Which exhibit contains the definition of terms used in the Camp Margaritaville Franchise Agreement?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
MARGARITAVILLE RV RESORTS, LLC
EXHIBIT A TO THE FRANCHISE AGREEMENT
DEFINITIONS
Words and terms used in this Agreement as defined terms with initial capital letters shall have the meaning ascribed thereto in this Agreement including, without limitation, the following words and terms shall have the respective meanings ascribed to them below and grammatical variations of such words and terms shall have corresponding meanings.
"ADR" shall mean a measure of the average daily rate paid for rooms sold, calculated by dividing room revenue by rooms sold;
"Affiliate(s)" shall mean, regarding a specified Party, any Person that directly or indirectly Controls, is Controlled by, or is under common Control with, the specified Party.
The term "Affiliate" as applied to Franchisor shall be deemed to exclude Buffett;
"Agreement" shall mean this Franchise Agreement, including all exhibits and schedules hereto, as originally executed and as amended, modified, supplemented, or restated from time to time;
"Amenities Rider" shall mean a rider that may be attached to this Agreement, governing Franchisee's operation of a water park and/or other amenities using Franchisor's (or its Affiliates') intellectual property;
"Applicable Law" shall mean all laws, statutes, ordinances, codes, acts, bylaws, rules, regulations, requirements, decrees and orders of any Governmental Authority which now or hereafter may be applicable to and enforceable against the relevant work or activity in question or any part thereof, including without limitation, all Data Protection Laws and Anti-Terrorism Laws;
"Approval Agents" shall have the meaning set forth in Section 5.04;
"Authorized Representatives" shall have the meaning set forth in Section 11.03;
"Brand Owner" shall mean any entity that (i) is either a franchisor or owner of a Competing Brand; (ii) manages or otherwise operates lodging properties exclusively for the franchisor or owner of a Competing Brand; or (iii) is an affiliate of any entity described in (i) or (ii) above;
Source: Item 22 — CONTRACTS (FDD pages 71–72)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, Exhibit A to the Franchise Agreement contains the definitions of terms used in the agreement. It states that capitalized terms within the agreement will have the meanings ascribed to them in the agreement, including the terms listed in Exhibit A.
Exhibit A provides specific definitions for various terms such as "ADR" (Average Daily Rate), which is calculated by dividing room revenue by rooms sold, and "Affiliate(s)," referring to any entity that controls, is controlled by, or is under common control with a specified party, excluding Buffett when applied to the Franchisor. The exhibit also defines "Agreement" as the Franchise Agreement itself, including all exhibits and schedules, as well as any amendments or modifications made over time.
Other defined terms include the "Amenities Rider," which governs the operation of amenities like water parks using the franchisor's intellectual property, and "Applicable Law," encompassing all relevant laws and regulations. Understanding these definitions is crucial for a franchisee to fully grasp their rights and obligations under the Franchise Agreement with Camp Margaritaville. The exhibit also defines terms such as "Approval Agents" and "Authorized Representatives."