Is a Camp Margaritaville franchisee required to deliver Guest Profile Data to the Franchisor?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee grants Franchisor the right to take reasonable and appropriate steps to ensure all Guest Profile Data is being processed in accordance with Data Protection Laws.
Franchisee further represents, warrants and covenants that no person (including any Governmental Authority) has provided Franchisee any notice or commenced any action or investigation with respect to a potential violation by Franchisee of the TCPA or any other Applicable Law, and that Franchisee will notify Franchisor of any such notice, action or investigation by e-mail at legal@margaritaville.com within 15 calendar days following Franchisee's receipt of such notice, action or investigation.
request to review and retrieve Guest Profile Data. Franchisor grants Franchisee a limited, revocable, non-transferrable right and license to use the Guest Profile Data in Franchisee's possession during the Term solely as necessary and allowed by Applicable Law to market to and provide services to the Resort's guests and prospective guests. Unless Franchisor (in its sole discretion) has approved in writing and in advance or as otherwise required by Applicable Law, and, only to the extent required by Applicable Law, the Guest Profile Data shall not be: (a) used by or on behalf of Franchisee for any other purpose; (b) disclosed, sold, shared, assigned, leased or otherwise provided to third parties by or on behalf of Franchisee; or (c) commercially exploited by or on behalf of Franchisee. Franchisee shall not use Guest Profile Data to market other brands and shall not combine the sales, marketing, promotion and/or advertising of any other brand with the sales, marketing, promotion and/or advertising of the Resort unless specifically approved by Franchisor. Franchisee shall not create, engage in, or promote any separate additional applications, loyalty or rewards programs or any kind other than those approved by Franchisor. Franchisee shall not manually upload or edit Guest Profile Data or data lists of any kind into the system without the express written consent of Franchisor. Franchisee is not permitted to purchase or sell data lists, or make third-party data sharing agreements for use in connection with the Resort.
For any data subject request submitted to Franchisee that requires Franchisor's cooperation or assistance for Franchisee to process the request in accordance with
Applicable Law (e.g., data subject requests that implicate Guest Profile Data), Franchisee shall:
(i) Upon receiving notice of the request, inform Franchisor of the request within 2 days by emailing Franchisor at legal@margaritaville.com.
(ii) Provide all relevant information and reasonable assistance requested by Franchisor in connection with the request.
(iii) Be responsible for processing and responding to the request in accordance with Applicable Law.
Franchisee agrees to participate in any such Loyalty Program pursuant to the Loyalty Program Terms of Use incorporated by reference into the Technology Agreement, which includes payment by Franchisee of a one-time set-up fee, as well as ongoing fees loyalty fees, calculated generally on a "Per Overnight Accommodation" basis.
The Loyalty Program may be administered by a subcontractor of Franchisor or its Affiliates and Franchisee will, upon request from Franchisor, cooperate with such subcontractor to collect and share certain data regarding actual or prospective guests or customers in connection with the administration of the Loyalty Program.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, franchisees have obligations regarding Guest Profile Data. Camp Margaritaville franchisees must grant the franchisor the right to take reasonable steps to ensure all Guest Profile Data is processed according to Data Protection Laws. Franchisees also grant Camp Margaritaville the right to remediate any unauthorized use of Guest Profile Data and will reimburse Camp Margaritaville for all costs and damages from the franchisee's non-compliance with Data Protection Laws.
Camp Margaritaville franchisees are granted a limited, revocable license to use Guest Profile Data in their possession to market to and provide services to guests and prospective guests, as long as it is allowed by Applicable Law. Unless Camp Margaritaville approves in writing, franchisees cannot use Guest Profile Data for any other purpose, disclose it to third parties, or commercially exploit it. Franchisees cannot market other brands using this data or create separate loyalty programs without approval.
Furthermore, Camp Margaritaville franchisees must inform the franchisor within two days of receiving any data subject request that requires the franchisor's cooperation, especially those involving Guest Profile Data. Franchisees must provide all relevant information and assistance requested by Camp Margaritaville in connection with the request. Franchisees are also required to participate in any Loyalty Program that Camp Margaritaville establishes, which involves collecting and sharing certain data regarding actual or prospective guests or customers in connection with the administration of the Loyalty Program.