Is the license granted to Camp Margaritaville to access the CRM Services assignable?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
- (i) Subject to the Customer's continual timely payment of all Fees owed to Margaritaville and abidance by the terms of these CRM Terms of Use, as of the Effective Date Margaritaville grants to Customer limited, non- exclusive, non-transferable, non-assignable, royalty-free, permission to access, display and use the CRM Services via the Connection Platform solely for internal business purposes in strict accordance with the terms of these CRM Terms of Use. All rights to Disaggregated Data, Customer Data, and all rights not expressly set forth in these CRM Terms of Use are reserved by, and automatically inure to the sole ownership and benefit of, Margaritaville. Customer acknowledges neither Margaritaville, CRM Provider, nor Connection Platform will not deliver copies of any software or code to Customer as part of the CRM Services.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, the license granted to access the CRM Services is explicitly non-assignable. Specifically, Margaritaville grants the customer (franchisee) a "limited, non- exclusive, non-transferable, non-assignable, royalty-free, permission to access, display and use the CRM Services".
This means that a Camp Margaritaville franchisee cannot transfer or assign their right to access and use the CRM Services to another party. This restriction is typical in franchising, as the franchisor wants to maintain control over who is using their systems and data. The CRM Services are intended for the franchisee's internal business purposes only, and any other use is prohibited.
This non-assignability clause protects Camp Margaritaville's interests by ensuring that only authorized franchisees are using the CRM Services and that the data within the system remains secure and confidential. It also prevents franchisees from potentially profiting by selling or transferring their access rights to third parties, which could undermine the integrity of the Camp Margaritaville system.