What information must a Camp Margaritaville customer provide to Margaritaville to receive indemnification for infringement claims related to the CRM Services and/or Connection Platform?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
- (ii) Provided Margaritaville is promptly informed in writing and furnished a copy of each communication, notice or other action relating to an alleged infringement and is given authority, information and assistance as necessary to defend or settle such claim, Margaritaville will defend, indemnify, and hold Customer and its directors, officers, employees, and agents ("Indemnitees") harmless from and against any action brought against Customer to the extent such action is based on a claim of direct infringement of any duly issued patent or copyright resulting from Customer's use of the CRM Services and/or Connection Platform in accordance with the terms of these CRM Terms of Use ("Infringement").
Margaritaville may, upon written notice to the Indemnitees, undertake to conduct all proceedings or negotiations in connection therewith, assume the defense thereof and take all other required or appropriate steps to settle or defend any such claims, or assign any such actions to CRM Provider and/or Connection Platform.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, if a customer wants to be indemnified against infringement claims related to the CRM Services and/or Connection Platform, they must promptly inform Margaritaville in writing of any alleged infringement. This written notification must include a copy of each communication, notice, or other action related to the alleged infringement.
Furthermore, the customer must provide Margaritaville with the authority, information, and assistance necessary to defend or settle the claim. If these conditions are met, Margaritaville will defend, indemnify, and hold the customer harmless from any action brought against them. This protection extends to the customer's directors, officers, employees, and agents, shielding them from actions based on claims of direct infringement of a patent or copyright resulting from the customer's use of the CRM Services and/or Connection Platform, as long as that use aligns with the CRM Terms of Use.
Margaritaville retains the right to manage the legal proceedings, negotiations, and defense of such claims. They can also assign these responsibilities to the CRM Provider and/or Connection Platform. This means that while the customer must provide initial notification and support, Margaritaville has significant control over how the claim is handled, which could impact the outcome and the customer's overall experience.