What is the Franchisee's obligation regarding disclaimers and waivers in the Rental Management Agreement executed by a Dwelling Owner at Camp Margaritaville?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
In connection with any Rental Management Agreement executed by a Dwelling Owner, Franchisee shall include disclaimers and waivers by the Dwelling Owner, in a form that is mutually agreed between Franchisor and Franchisee, each acting in its reasonable discretion, and addressing that Franchisor is involved in the Rental Program only as a franchisor and its rights are defined and governed by the Agreement.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, franchisees are obligated to include specific disclaimers and waivers in the Rental Management Agreement executed by a Dwelling Owner. These disclaimers and waivers must be in a form mutually agreed upon by both Camp Margaritaville (the franchisor) and the franchisee, each acting reasonably.
The purpose of these disclaimers and waivers is to clarify that Camp Margaritaville's involvement in the Rental Program is solely as a franchisor. The Rental Management Agreement should explicitly state that Camp Margaritaville's rights are defined and governed by the franchise agreement itself, ensuring Dwelling Owners understand the franchisor's limited role.
This requirement protects Camp Margaritaville from potential liabilities related to the rental program, as it clearly defines the franchisor's responsibilities and separates them from the franchisee's operational control. For a prospective franchisee, this means they must work with Camp Margaritaville to develop and implement these disclaimers and waivers, ensuring they are included in all Rental Management Agreements with Dwelling Owners. This collaboration is crucial to maintain compliance and protect both parties' interests.