What are 'Non-Buffett Works' as defined in the Camp Margaritaville FDD, and what ownership conditions apply?

According to the 2025 Camp Margaritaville FDD, Non-Buffett Works are defined as musical compositions recorded by Jimmy Buffett, including lyrics and titles, for which Buffett does not own 100% of the publishing rights. It also includes photographic works, books, articles, films, videos, other audio-visual works, artwork, drawings, and other works of authorship not 100% owned and controlled by Buffett. This definition extends to all intellectual property rights embodied within and appurtenant to these works.

Camp Margaritaville's rights to use Non-Buffett Works are more restricted than their rights to Buffett Works. While Camp Margaritaville has an exclusive license to use Buffett Works, their license to Non-Buffett Works is non-exclusive. This means that others may also have the right to use these Non-Buffett Works. Camp Margaritaville's license to use Non-Buffett Works is also contingent on obtaining all necessary third-party consents and paying all applicable third-party fees.

For a Camp Margaritaville franchisee, this distinction is important. It means that when selecting music, artwork, or other content for their Camp Margaritaville location, they need to be aware of the ownership and rights associated with those materials. If the content falls under the definition of Non-Buffett Works, the franchisee will need to ensure that they have the appropriate licenses and permissions from the rights holders, and they will be responsible for paying any associated fees. This could add complexity and cost to the operation of the franchise.