Where will mediation take place for disputes related to the Camp Margaritaville agreement?
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 Camp Margaritaville's 2025 Franchise Disclosure Document, mediation will take place at the JAMS office in Atlanta, Georgia. Prior to starting any legal proceedings, both parties agree to attempt to settle disputes through mediation. This mediation will be conducted with a mutually agreed-upon JAMS mediator.
However, there are exceptions to this mediation requirement. Disputes relating to the ownership or use of Camp Margaritaville's intellectual property or confidential information, claims for injunctions or other equitable relief, and claims by Camp Margaritaville for unpaid royalties or other unpaid amounts are not subject to mandatory mediation.
For a prospective franchisee, this means that most disputes must first go through mediation in Atlanta before a lawsuit can be filed. This can save time and money compared to litigation. However, franchisees should be aware of the exceptions where mediation is not required, particularly concerning intellectual property and payment disputes, where Camp Margaritaville may pursue other legal avenues directly.