What is included in the definition of 'Confidential Information' for a Camp Margaritaville franchise?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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, Confidential Information encompasses a wide array of proprietary details critical to the operation and unique identity of Camp Margaritaville Resorts. This includes site selection criteria, the physical design and construction standards of the resorts, and comprehensive training and operational materials, such as the operations manual. It extends to the specific methods, formats, systems, and techniques used in running the resorts, including sales, marketing strategies, and the established System Standards.
Furthermore, the definition covers marketing, advertising, and promotional programs, as well as Guest Information, which includes data relating to guests and customers of Camp Margaritaville Resorts and affiliated hotels. Knowledge of specifications for and suppliers of FF&E (furniture, fixtures, and equipment), OS&E (operating supplies and equipment), merchandise, and other uniquely identified products is also considered confidential. This extends to any proprietary computer software or technology, including source code, data, reports, and digital passwords. The operating results and financial performance of Camp Margaritaville Resorts, excluding the franchisee's own resort, are also protected, along with graphic designs, related intellectual property, and the negotiated provisions of the Franchise Agreement itself.
For a prospective Camp Margaritaville franchisee, understanding the scope of Confidential Information is crucial. Franchisees are prohibited from using this information in any business other than their Camp Margaritaville franchise and must maintain its confidentiality both during and after the franchise term. They must also prevent unauthorized copies or disclosures of this information. The FDD also outlines exceptions to what is considered Confidential Information, such as information already in the public domain or legally required to be disclosed, provided the franchisee gives prior written notice to Camp Margaritaville.