Does MVE have the right to make changes to the Proprietary Technology used at Camp Margaritaville?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
8** The remedies provided in this Agreement constitute Customer's sole and exclusive remedies. In no event shall MVE be liable for any special, incidental, consequential or exemplary damages, including without limitation damages for loss of use, lost profits or loss of data or information of any kind, arising out of or in connection with this Agreement, whether or not MVE has been advised of the possibility of such loss or damage. In no event shall MVE's liability to Customer arising out of or in connection with this Agreement, whether in contract, tort or otherwise, exceed the amounts actually paid by Customer to MVE under this Agreement during the six (6) month period immediately preceding the time that the cause of action giving rise to such liability first accrues.
ARTICLE 6. CONFIDENTIALITY
Customer shall maintain the confidential and proprietary nature of the Proprietary Technology, Third Party Technology, Information System, Services and any and all information, documentation and materials of MVE and MVE Affiliates which are disclosed under or provided or made available to Customer under or in connection with this Agreement. The foregoing includes without limitation proprietary ideas, patentable ideas, copyrights, trade secrets, existing and contemplated products and services, software,schematics, research and development, discoveries, inventions, methods, processes, materials, algorithms, formulas, specifications, designs, data, strategies, plans, and know-how, whether tangible or intangible (collectively, the "Confidential Information"). Customer shall maintain such Confidential Information in confidence and agrees not to disclose or otherwise make available the Confidential Information to any person or entity other than Customer's employees at the Property who are bound by obligations of confidentiality no less stringent than those set forth herein, without prior written consent of MVE.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville FDD, MVE retains control over the Proprietary Technology used within the Camp Margaritaville system. The agreement stipulates that the customer (franchisee) must maintain the confidentiality of the Proprietary Technology, Third Party Technology, Information System, Services, and all related information and materials disclosed by MVE and its affiliates. This obligation extends to proprietary ideas, patentable ideas, copyrights, trade secrets, software, designs, data, and know-how. The franchisee is obligated to protect this Confidential Information from unauthorized use or disclosure.
The franchisee can only disclose Confidential Information to their employees at the property who are also bound by confidentiality obligations. Any other disclosure requires MVE's prior written consent. This ensures that the Proprietary Technology remains under MVE's control and is not disseminated without permission.
The terms and conditions governing the franchisee's use of the Technology, Services, and Information System are dictated exclusively by the agreement and any Order Documents. In case of conflicts between the agreement and Order Documents, the Order Documents take precedence. However, if there are conflicting terms between the agreement and the Branding Agreement, the terms of the agreement will control. This hierarchy ensures that MVE's control over the Proprietary Technology is maintained through the primary agreement, allowing for modifications and updates as MVE deems necessary.