Is the license to sublicense the Margaritaville Intellectual Property granted by Camp Margaritaville exclusive?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
2. License and Sublicense Grant.
- a. Licensor hereby grants to Licensee, and Licensee hereby accepts, upon the terms and conditions stated herein, for the Term (as defined below), an exclusive license to sublicense the Margaritaville Intellectual Property as set forth in the Trademark Agreements and all rights necessary to enter into and fully perform the Trademark Agreements (the "Sublicense").
- b. Licensee shall not denigrate, knowingly permit, or cause the denigration of the Margaritaville Intellectual Property and shall not take any other action not approved by Licensor as provided herein that is harmful or potentially harmful to or which disparages, ridicules or demeans the goodwill and reputation of Licensor (or its Affiliates) or the Margaritaville Intellectual Property.
- c. Licensor shall assist Licensee, shall duly execute and deliver, or cause to be duly executed and delivered, any and all such other documents and/or instruments, and do and cause to be done such further acts and things, in each case, as Licensee may reasonably request in connection with the Trademark Agreements or as may be necessary for the Licensee to fully comply with its obligations under the Trademark Agreements.
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 sublicense the Margaritaville Intellectual Property is exclusive. Specifically, Margaritaville Enterprises, LLC grants Margaritaville RV Resorts, LLC an exclusive license to sublicense the Margaritaville Intellectual Property as outlined in the Trademark Agreements for the term of the agreement. This license allows Camp Margaritaville to enter into and fully perform the Trademark Agreements.
This exclusivity means that Margaritaville Enterprises, LLC will not grant any other entity the right to sublicense the Margaritaville Intellectual Property for Camp Margaritaville-branded RV resorts within the defined terms of the agreement. This provides Camp Margaritaville with a competitive advantage, as it is the sole entity authorized to sublicense the intellectual property for this specific purpose.
However, Camp Margaritaville is restricted from taking actions that could harm the goodwill and reputation associated with the Margaritaville Intellectual Property. Camp Margaritaville must also enforce its rights and the obligations of its sublicensees under the Trademark Agreements. While Camp Margaritaville has rights to the Margaritaville Intellectual Property, Camp Margaritaville acknowledges that Margaritaville Enterprises, LLC owns all rights to the Margaritaville Intellectual Property and associated goodwill.