For a Camp Margaritaville franchise, what is the relationship between 'Buffett' and the 'Buffett IP Rights'?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
- "Buffett" shall mean Jimmy Buffett, Coral Reefer Music, and/or The James W.
Buffett 1990 Trust (as amended);
"Buffett Agreement" shall have the meaning set forth in Section 8.01;
"Buffett IP Rights" shall mean, individually and collectively, the Buffett Works and the Personality Rights;
"Buffett Works" shall mean Compositions and photographic works, books, articles, films, videos and other audio-visual works, artwork, drawings, recipes, and other works of authorship 100% owned and controlled by Buffett, and, with respect to all of the foregoing, including all intellectual property rights embodied therein and appurtenant thereto;
"Camp Margaritaville Intellectual Property" shall have the meaning set forth in Section 8.01;
Section 8.01 Franchisor's Rights to Intellectual Property. Margaritaville Enterprises, LLC is a limited liability company formed pursuant to the laws of the State of Delaware ("Licensor"), which is the owner of the Margaritaville Enterprises IP Rights. Licensor has the exclusive right to use and sublicense to others the right to use the Buffett IP Rights (including for the purposes set forth in this Agreement), pursuant to that certain license agreement between Licensor and Jimmy Buffett dated as of February 27, 2014, a copy of which is attached as Exhibit H (the "Buffett Agreement"). Licensor has sub-licensed both the Buffett IP Rights and the Margaritaville Enterprises IP Rights (collectively the "Camp Margaritaville Intellectual Property") to Franchisor pursuant to the License Agreement dated as of January 14, 2019, a copy of which is attached hereto as Exhibit I (the "License Agreement") for the purpose of franchising Camp Margaritaville Resorts, maintaining the Camp Margaritaville System and System Standards, and for other purposes as set forth in that License Agreement.
Section 8.04 Restrictions on Buffett IP Rights. The rights granted pursuant to this Agreement expressly exclude the right to use the Non-Buffett Works. To the extent that Buffett has the legal right to do so, Buffett has granted to Licensor (pursuant to the Buffett Agreement), and Licensor has sub-licensed to Franchisor (pursuant to the License Agreement), the right to further sub-license to Franchisee, a nonexclusive license to exploit the Non-Buffett Works in connection with this Agreement, subject to Section 8.05 hereof.
Section 8.05 Music Clearances. Notwithstanding the foregoing or anything to the contrary in this Agreement or in the Buffett Agreement, for Franchisee's use of any music in, at or in connection with the Resort, Franchisee shall obtain (i) a SiriusXM Radio commercial rights license to play Radio Margaritaville and other theme-appropriate channels and/or a subscription to an audiovisual vendor approved by Franchisor, and (ii) for other music, such other licenses as required by applicable music publishers, record companies, unions, guilds, collecting societies and performing rights organizations (e.g., ASCAP, BMI and SESAC); and pay all applicable third-party license fees, royalties and other costs due in connection therewith.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville FDD, Jimmy Buffett, Coral Reefer Music, and/or The James W. Buffett 1990 Trust (as amended) are collectively referred to as "Buffett." The "Buffett IP Rights" are defined as the Buffett Works and the Personality Rights, both individually and collectively. Buffett Works include compositions, photographic works, books, articles, films, videos, artwork, drawings, recipes, and other works of authorship that are 100% owned and controlled by Buffett, including all associated intellectual property rights.
Margaritaville Enterprises, LLC ("Licensor") owns the Margaritaville Enterprises IP Rights and has the exclusive right to use and sublicense the Buffett IP Rights. This right is granted through a license agreement between Licensor and Jimmy Buffett, dated February 27, 2014 (the "Buffett Agreement"). Licensor then sub-licenses both the Buffett IP Rights and the Margaritaville Enterprises IP Rights (collectively, the "Camp Margaritaville Intellectual Property") to the Franchisor via a License Agreement dated January 14, 2019.
Camp Margaritaville franchisees receive a nonexclusive sublicense to use the Non-Buffett Works, which are musical compositions recorded by Jimmy Buffett for which he does not own 100% of the publishing rights, as well as other works not fully owned by Buffett. However, franchisees are responsible for obtaining necessary music licenses (e.g., SiriusXM, ASCAP, BMI, SESAC) and paying associated fees for music used at the Resort. This multi-layered licensing structure ensures that Camp Margaritaville franchisees can utilize Buffett's and Margaritaville's intellectual property while adhering to legal requirements and respecting third-party rights.