After the Camp Margaritaville franchise agreement expires or is terminated, do the confidentiality obligations still apply?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
- (xi) Franchisee (if Franchisee will no longer operate the Resort) and its transferring Owners agree that they will not directly or indirectly at any time or in any manner use the Camp Margaritaville Intellectual Property or Confidential Information, except as otherwise permitted under any other effective agreement with the Franchisor or its Affiliates.
Section 16.02 Stop Using Related Social Media and Online Business Directories.
- (a) Upon expiration or termination of this Agreement, Franchisee must immediately cease operating all social media pages within Franchisee's control associated with, or previously associated at any time with, the Resort and/or CAMP MARGARITAVILLE®, including but not limited to Facebook, Instagram, YouTube, TikTok, and X (f/k/a Twitter). Franchisee must also immediately cease operating all online business directory listings within Franchisee's control associated with, or previously associated with, the Resort and/or CAMP MARGARITAVILLE®, including but not limited to Yelp, NextDoor, LinkedIn, Google, YP (Yellow Pages), or Angi. Franchisee must promptly provide Franchisor with all login credentials or other information necessary for Franchisor to assume exclusive control over each social media and business directory account, page or listing. To the extent that Franchisee is aware of or becomes aware of any social media or business directory account, page or listing associated with the Resort that is not within Franchisee's control, Franchisee shall promptly notify Franchisor thereof in writing.
- (h) deleting from any computer system or POS System any Confidential Information or otherwise proprietary information, including, but not limited to recipes, menu items, inventory, and pricing;
- (k) canceling all assumed name or equivalent registrations using or incorporating the Camp Margaritaville Intellectual Property;
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville Franchise Disclosure Document, if a franchisee transfers their franchise agreement, they must agree that they will not directly or indirectly at any time or in any manner use the Camp Margaritaville Intellectual Property or Confidential Information, except as otherwise permitted under any other effective agreement with the Franchisor or its Affiliates.
Upon expiration or termination of the Franchise Agreement, the franchisee must immediately cease operating all social media pages and online business directory listings associated with Camp Margaritaville. The franchisee is required to provide Camp Margaritaville with all login credentials or other information necessary for the franchisor to assume exclusive control over each social media and business directory account, page, or listing. The franchisee must also promptly notify Camp Margaritaville of any social media or business directory account, page, or listing associated with the Resort that is not within Franchisee's control.
Additionally, the franchisee must delete any Confidential Information or otherwise proprietary information, including, but not limited to recipes, menu items, inventory, and pricing, from any computer system or POS System. The franchisee must also cancel all assumed name or equivalent registrations using or incorporating the Camp Margaritaville Intellectual Property.