What intellectual property is the Camp Margaritaville franchisee licensed to use?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
ts (collectively the "Camp Margaritaville Intellectual Property") to Franchisor pursuant to the License Agreement dated as of January 14, 2019, a copy of which is attached hereto as Exhibit I (the "License Agreement") for the purpose of franchising Camp Margaritaville Resorts, maintaining the Camp Margaritaville System and System Standards, and for other purposes as set forth in that License Agreement.
Section 8.02 License. Franchisee's right to use the Camp Margaritaville Intellectual Property and Confidential Information is derived only from this Agreement and is limited to the development and operation of the Resort at the Site during the Term. Franchisee acknowledges that, as between it and Franchisor, Franchisor is the owner of all rights in the Camp Margaritaville Intellectual Property and the associated goodwill. Franchisee agrees that its use of the Camp Margaritaville Intellectual Property shall inure to the benefit of Franchisor, Licensor, or any such other Franchisor Affiliate as Franchisor may designate in writing. Upon expiration or termination of this Agreement for any reason, all of Franchisee's
rights to use the Camp Margaritaville Intellectual Property will automatically revert to Franchisor without cost and without execution or delivery of any document.
Section 8.03 Limitations on License.
- (a) Other Branded Components. Franchisor shall approve Franchisee's proposed use of the Camp Margaritaville Intellectual Property in the operation of the Resort pursuant to Article V. This Agreement does not provide Franchisee any right to use the Camp Margaritaville Intellectual Property in any way not explicitly provided herein. If such rights to use the Camp Margaritaville Intellectual Property are approved, any such approved components shall be addressed pursuant to a separate agreement or mutually agreed addendum to this Agreement.
- (b) Non-Branded Components. The Parties agree that the Resort may contain components that do not contain or compete with the Camp Margaritaville Intellectual Property, subject to Franchisor's approval in its sole discretion.
Section 8.04 Restrictions on Buffett IP Rights. The rights granted pursuant to this Agreement expressly exclude the right to use the Non-Buffett Works. To the extent that Buffett has the legal right to do so, Buffett has granted to Licensor (pursuant to the Buffett Agreement), and Licensor has sub-licensed to Franchisor (pursuant to the License Agreement), the right to further sub-license to Franchisee, a nonexclusive license to exploit the Non-Buffett Works in connection with this Agreement, subject to Section 8.05 hereof.
Section 8.05 Music Clearances. Notwithstanding the foregoing or anything to the contrary in this Agreement or in the Buffett Agreement, for Franchisee's use of any music in, at or in connection with the Resort, Franchisee shall obtain (i) a SiriusXM Radio commercial rights license to play Radio Margaritaville and other theme-appropriate channels and/or a subscription to an audiovisual vendor approved by Franchisor, and (ii) for other music, such other licenses as required by applicable music publishers, record companies, unions, guilds, collecting societies and performing rights organizations (e.g., ASCAP, BMI and SESAC); and pay all applicable third-party license fees, royalties and other costs due in connection therewith.
Section 8.06 Franchisee's Obligations as to the Camp Margaritaville Intellectual Property. During the Term and thereafter, Franchisee shall not, anywhere in the world, and shall ensure that Franchisee as well as its Owners and Affiliates do not:
- (a) Apply for or obtain any registration for, any copyright, trademark or other intellectual property which would adversely affect the rights regarding or the ownership of the Camp Margaritaville Intellectual Property by Licensor, Franchisor, or any of their Affiliates, nor file any document with any Governmental Authority to take any action which would adversely affect such ownership;
- (b) Challenge the validity of the Camp Margaritaville Intellectual Property or any trademarks owned by Franchisor, Licensor, or any of their Affiliates which are already filed or, in the case of any intellectual property, owned by Licensor or its Affiliates as of the Effective Date, are in the future filed, with the United States Patent and Trademark Office or any foreign trademark office;
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, a franchisee's right to utilize Camp Margaritaville's intellectual property and confidential information is strictly derived from the franchise agreement. This right is specifically limited to the development and operation of the resort at the designated site throughout the term of the agreement. The franchisee acknowledges that Camp Margaritaville owns all rights to the intellectual property and associated goodwill, and the franchisee's use of it benefits Camp Margaritaville. Upon the agreement's expiration or termination, all rights to use the intellectual property automatically revert back to Camp Margaritaville without any cost or required documentation from Camp Margaritaville.
The franchisee must get approval from Camp Margaritaville for any proposed use of its intellectual property in operating the resort. The franchise agreement does not grant the franchisee any rights to use the intellectual property in ways not explicitly outlined in the agreement. If Camp Margaritaville approves additional uses, these will be addressed in a separate agreement or addendum. The resort may also include components that do not contain or compete with Camp Margaritaville's intellectual property, but this is subject to Camp Margaritaville's approval.
Camp Margaritaville will secure copyright and trademark protection for its intellectual property throughout the United States at its own expense. The franchisee is required to assist Camp Margaritaville in protecting its intellectual property by providing samples, containers, labels, and information about the goods or services offered. The franchisee must also execute any documents needed to confirm Camp Margaritaville's ownership of the copyright or trademark rights. Any internet website incorporating Camp Margaritaville's intellectual property within a top-level URL will be owned by Camp Margaritaville. The franchisee cannot operate such a website or any apps incorporating Camp Margaritaville's intellectual property without prior written approval from Camp Margaritaville.