What should a Camp Margaritaville franchisee do if there is an apparent infringement of copyrighted materials?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately of any apparent infringement or challenge to your use of any Copyrighted Materials or Confidential Information (defined below), or of any person's claim of any rights in any Copyrighted Materials or Confidential Information, and not communicate with any person other than us, our affiliates, and our and their attorneys, and your attorneys, regarding any infringement, challenge, or claim. We and our affiliates may take the action we and they deem appropriate (including no action) and control exclusively any litigation or administrative proceeding arising from any infringement, challenge, or claim or otherwise concerning any Copyrighted Materials or Confidential Information. You must sign any documents and take any other reasonable actions that, in the opinion of our and our affiliates' attorneys, are necessary or advisable to protect and maintain our and our affiliates' interests in any litigation or other
proceeding or otherwise to protect and maintain our and our affiliates' interests in the Copyrighted Materials and Confidential Information. We will reimburse your reasonable out-of-pocket costs for taking any requested action. We need not participate in your defense nor indemnify you for damages and expenses you incur if you are a party to any administrative or judicial proceeding involving any Copyrighted Materials or if the proceeding is resolved unfavorably to you.
If it becomes advisable at any time in our sole judgment for you to modify or discontinue using any of the Copyrighted Materials and/or for you to use one or more additional or substitute copyrighted or copyrightable items, you must immediately comply with our directions.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 59–62)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, a franchisee must immediately notify Camp Margaritaville of any apparent infringement or challenge to the use of any Copyrighted Materials or Confidential Information. The franchisee is also required to notify Camp Margaritaville of any person's claim of any rights in any Copyrighted Materials or Confidential Information. The franchisee must not communicate with any person other than Camp Margaritaville, its affiliates, their attorneys, and the franchisee's attorneys regarding any infringement, challenge, or claim.
Camp Margaritaville and its affiliates may take any action they deem appropriate, including no action, and will exclusively control any litigation or administrative proceeding arising from any infringement, challenge, or claim concerning any Copyrighted Materials or Confidential Information. The franchisee is obligated to sign any documents and take any other reasonable actions that Camp Margaritaville's attorneys consider necessary or advisable to protect and maintain Camp Margaritaville's interests in any litigation or other proceeding or otherwise to protect and maintain their interests in the Copyrighted Materials and Confidential Information. Camp Margaritaville will reimburse the franchisee's reasonable out-of-pocket costs for taking any requested action.
However, Camp Margaritaville is not required to participate in the franchisee's defense nor indemnify the franchisee for damages and expenses incurred if the franchisee is a party to any administrative or judicial proceeding involving any Copyrighted Materials or if the proceeding is resolved unfavorably to the franchisee. Furthermore, if Camp Margaritaville decides that the franchisee should modify or discontinue using any of the Copyrighted Materials, or use substitute copyrighted items, the franchisee must immediately comply with Camp Margaritaville's directions.