How does the Camp Margaritaville FDD define 'Personality Rights'?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
(d) Buffett agrees that, as between the Parties, Margaritaville shall have the exclusive right to register in the Territory during the Term any trademarks and domain names developed by Margaritaville according to Section 2.1(b).
2.2 License to Personality Rights.
Buffett hereby grants to Margaritaville, solely in the Field, a non-exclusive, fully paid-up, royalty free, sublicensable (as set forth in Section 2.6 below), license to Exploit the Personality Rights in the Territory during the Term, subject to Section 2.5 below.
- 2.3 Non-Competition.
Buffett shall not, during the Term, use the Buffett Works, Non-Buffett Works or the Personality Rights to compete with Margaritaville's
business activities in the Field in accordance with that certain Non-Competition Agreement dated February 27, 2014 by and among Buffett, Margaritaville Holdings LLC and Raine Volcano II LP, a Delaware limited liability partnership.
2.4 Derivative Works. To the extent any derivative works are created by virtue of the licenses grant herein, each party shall retain ownership of the derivative works it creates, subject to, in the case of derivative works created by Margaritaville, Buffett's (or any third party's) ownership rights in the underlying Buffett Works and Non-Buffett Works.
2.5 Approval.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville FDD, 'Personality Rights' are licensed from Buffett to Margaritaville for use within a specific field. Buffett grants Margaritaville a non-exclusive, fully paid-up, royalty-free, and sublicensable license to exploit these rights within the designated territory and term, as detailed in Section 2.5 of the agreement. This license is solely applicable to the specified field of use.
Buffett agrees not to use his works, non-Buffett works, or personality rights to compete with Margaritaville's business activities within the defined field. This restriction is further detailed in a non-competition agreement dated February 27, 2014, between Buffett, Margaritaville Holdings LLC, and Raine Volcano II LP.
Regarding derivative works created through these licenses, each party retains ownership of the derivative works they create. However, Margaritaville's derivative works are subject to Buffett's (or any third party's) ownership rights in the underlying Buffett Works and Non-Buffett Works. This ensures that while Margaritaville can create new works, it respects the existing intellectual property rights of Buffett and others.