factual

Where in the Camp Margaritaville Franchise Agreement can I find information about the franchisee's obligations regarding trademarks and proprietary information?

Camp_Margaritaville Franchise · 2025 FDD

Answer from 2025 FDD Document

[Item 14: PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION]

We and our affiliates possess (and will continue to develop and acquire) Confidential Information, some of which constitutes trade secrets under Applicable Law, relating to developing and operating Camp Margaritaville Resorts. "Confidential Information" includes: (1) site selection criteria; (2) the substance, design, and construction of Camp Margaritaville Resorts and the Design Standards we specify; (3) training and operations materials and manuals, including the Manual; (4) methods, formats, specifications, standards, systems, procedures, sales and marketing techniques, knowledge, and experience used in developing and operating Camp Margaritaville Resorts, including the System Standards; (5) marketing, advertising and promotional programs for Camp Margaritaville Resorts; (6) Guest Information (defined below) and any information and data relating to guests and customers of other Camp Margaritaville Resorts and/or other Margaritaville-affiliated hotels; (7) knowledge of specifications for and suppliers of FF&E, OS&E, Merchandise, and other products and supplies that are uniquely identified with Camp Margaritaville Resorts and/or other Margaritaville-affiliated hotels; (8) any computer software or other technology that is proprietary to us, our affiliates or the Camp Margaritaville System, including digital passwords and identifications and any source code of, and data, reports, and other printed materials generated by, the software or other technology; (9) knowledge of the operating results and financial performance of Camp Margaritaville Resorts other than the Resort; (10) graphic designs and related intellectual property; and (11) any negotiated provisions of the Franchise Agreement.

You will not acquire any interest in Confidential Information, other than the right to use certain Confidential Information as we specify while developing and operating the Resort during the Franchise Agreement's term. Confidential Information is proprietary and includes our and our affiliate's trade secrets. You: (a) must not use Confidential Information in any other business or capacity; (b) must keep confidential each item that is a part of Confidential Information, both during and after the Franchise Agreement's term (afterward for as long as the item is not generally known in the Resort industry); (c) must not make unauthorized copies of any Confidential Information disclosed via electronic medium or in written or other

tangible form; and, (d) must adopt and implement reasonable procedures that we periodically specify to prevent unauthorized use or disclosure of Confidential Information.

Section 8.07 Website and Social Media. For avoidance of doubt, any internet website ("Internet Site") incorporating the Camp Margaritaville Intellectual Property within a top-level URL (e.g., www.CampMargaritaville.com) shall be owned by Franchisor. No such Internet Site, and no apps incorporating the Camp Margaritaville Intellectual Property, shall be operated by Franchisee without the prior written approval of Franchisor, in its sole discretion. In the event Franchisor approves the use of another Internet Site (or apps) for operation by Franchisee, Franchisee must provide Franchisor with all relevant data and information and allow Franchisor to implement any automatic tracking mechanisms to pull relevant data from such Internet Site. Further, Franchisee may use social media channels in the advertising and marketing of the Resort, however, all use must be in full and complete compliance with the System Standards and/or the approval rights pursuant to this Article VIII.

Section 8.10 Registration and Maintenance of Camp Margaritaville Intellectual Property. Franchisor shall obtain at its sole cost and expense and in Licensor's or Franchisor's own name or the name of an Affiliate, appropriate copyright, and trademark protection for the Camp Margaritaville Intellectual Property throughout the United States. Franchisee shall cooperate with Franchisor and its Affiliates in protecting the Camp Margaritaville Intellectual Property. For that purpose, Franchisee shall supply to Franchisor from time to time samples, containers, labels and similar material, and information regarding the goods or services offered under this Agreement, as may be commercially reasonably required. Franchisee also shall execute and deliver to Franchisor, at any time, whether during or after the Term of this Agreement and without further consideration, such instruments of transfer and other documents as Franchisor may prepare and commercially reasonably request in order to confirm Franchisor's or such other Franchisor Affiliate's copyright or trademark ownership rights.

You must promptly disclose to us all inventions, innovations and discoveries relating to a Resort and based or relying upon any element of the Camp Margaritaville System, including any advertising, marketing, promotional or public relations plans, programs, or materials that you or your contractors develop for the Resort (collectively, "Innovations"), whether or not protectable intellectual property and whether created by or for you, your affiliates or contractors, or your or their employees. Innovations are our sole and

exclusive property, part of the Camp Margaritaville System, and works made-for-hire for us. You may not use any Innovation in operating the Resort or otherwise without our prior written consent. If any Innovation does not qualify as a "work made-for-hire" for us, you must assign ownership of that Innovation, and all related intellectual property rights and other rights to that Innovation, to us and must take whatever action (including signing assignment or other documents) we request to evidence our ownership of or to help us obtain intellectual property rights in the Innovation.

Upon our request, each General Manager, any other employee, agent, or representative who has access to Confidential Information must sign the Confidentiality Agreement imposing an obligation of confidence regarding the Manual and other Confidential Information. If you are a corporation, limited liability company or limited partnership, we may require your shareholders, members, and limited partners to sign a similar written agreement.

Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 45–46)

What This Means (2025 FDD)

According to the 2025 Camp Margaritaville FDD, Item 14 and sections within Article VIII of the Franchise Agreement outline the franchisee's obligations regarding trademarks and proprietary information. Specifically, Section 8.10 details the franchisee's duty to cooperate with Camp Margaritaville in protecting its intellectual property, including providing samples and executing documents to confirm the franchisor's ownership rights. Section 8.11 discusses the notification and defense of legal proceedings related to intellectual property. Additionally, Section 8.07 addresses website and social media usage, emphasizing that any internet site incorporating Camp Margaritaville's intellectual property is owned by the franchisor, and franchisee use of social media must comply with system standards.

Item 14 further clarifies the franchisee's responsibilities concerning confidential information. Franchisees must protect this information, which includes site selection criteria, design standards, training materials, operational methods, marketing programs, guest information, and proprietary technology. Franchisees are prohibited from using confidential information in any other business, making unauthorized copies, or failing to implement reasonable procedures to prevent unauthorized use or disclosure.

Moreover, franchisees must disclose any innovations related to the Camp Margaritaville system, which become the sole property of the franchisor. The franchisor may also require the franchisee's general manager and other employees with access to confidential information to sign confidentiality agreements. These measures ensure the protection and proper use of Camp Margaritaville's trademarks and proprietary information, safeguarding the brand's integrity and competitive advantage.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.