Does the Camp Margaritaville franchise agreement address representations made by the franchisor or its personnel to a prospective franchisee?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Any provision of a franchise agreement, franchise disclosure document, acknowledgement, questionnaire, or other writing, including any exhibit thereto, disclaiming or denying any of the following shall be deemed contrary to public policy and shall be void and unenforceable:
- (a) Representations made by the franchisor or its personnel or agents to a prospective franchisee.
- (b) Reliance by a franchisee on any representations made by the franchisor or its personnel or agents.
- (c) Reliance by a franchisee on the franchise disclosure document, including any exhibit thereto.
- (d) Violations of any provision of this division.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville Franchise Disclosure Document, the franchise agreement addresses representations made by the franchisor or its personnel to a prospective franchisee specifically within the context of California law.
Specifically, the FDD states that any provision within the franchise agreement, franchise disclosure document, acknowledgement, questionnaire, or other written materials that disclaims or denies representations made by Camp Margaritaville or its personnel or agents to a prospective franchisee is deemed contrary to public policy and is void and unenforceable in California. This also applies to disclaimers or denials of a franchisee's reliance on any representations made by Camp Margaritaville or its personnel, or reliance on the franchise disclosure document itself.
This provision aims to protect prospective franchisees in California by ensuring that they can rely on the information provided by Camp Margaritaville during the franchise sales process. It prevents Camp Margaritaville from later disclaiming or denying the validity of those representations. This protection extends to reliance on the FDD and any violations of the relevant franchise regulations.