Where will the mediation take place for disputes involving Camp Margaritaville?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Section 17.02 Mediation. The Parties agree that prior to instituting any legal proceeding, they shall attempt to settle the dispute by mediation before resorting to another dispute resolution procedure. The foregoing mandatory mediation requirement shall not apply to (i) any controversy or claim relating to ownership or use of the Camp Margaritaville Intellectual Property or Confidential Information; or (ii) any claim for an injunction or other equitable relief; or (iii) any claim by the Franchisor for unpaid Royalties or other unpaid amounts owed to Franchisor. The mediation shall be with a mutually agreeable JAMS mediator ("Mediator") and shall take place at the JAMS office in Atlanta, Georgia. In order to commence the mediation process, the Party seeking mediation must send a written demand for mediation to the other Party which sufficiently sets forth the issues to be mediated.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville FDD, mediation is required before instituting any legal proceeding, with certain exceptions. This requirement does not apply to controversies or claims relating to ownership or use of Camp Margaritaville's Intellectual Property or Confidential Information, claims for injunctions or other equitable relief, or claims by Camp Margaritaville for unpaid Royalties or other unpaid amounts owed to them.
The mediation will be conducted with a mutually agreed upon JAMS mediator. The location for the mediation is specified as the JAMS office in Atlanta, Georgia.
For a prospective Camp Margaritaville franchisee, this means that if a dispute arises that is not related to intellectual property, requests for injunctions, or unpaid royalties, they must first attempt to resolve it through mediation in Atlanta before pursuing legal action. This could involve travel expenses and time spent in mediation, which should be considered when evaluating the franchise opportunity.