For Camp Margaritaville, who owns the Third Party Technology?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
The Platform and software required for the Services or available at or used by the Services Provider's website and the intellectual property rights (including the copyrights) of the contents and information of and material on the Services Provider's website are owned by the Services Provider, its suppliers or providers and Customer shall not modify, translate, or create derivative works based on the Services or Platform (except to the extent expressly authorized within the Services or Platform); use the Services or the Platform for timesharing or service bureau purposes or otherwise for the benefit of a third party other than the Property(/ies) as contemplated by these Terms of Use.
All intellectual property rights in respect of all the Services vests exclusively in the Services Provider or its licensors.
Customer shall not allow the Platform to be used by any property or facility other than the Property(/ies) and Customer shall not alter any marks on the Platform with respect to copyrights, trademarks, trade names or any other intellectual property rights associated with the Platform or the Services, or alter any software code or use the Platform to avoid payment.
Customer shall not reverse engineer, decompile or otherwise attempt to discover the software code, documentation or any other
proprietary technology owned or licensed by Margaritaville or the Services Provider. Notwithstanding the foregoing, Customer retains all right, title and interest in and to any content that Customer provides to the Platform, excluding the Margaritaville Intellectual Property and Guest Profile Data, as defined in the Branding Agreement.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, the technology platform and software required for the services or available at or used by the Services Provider's website and the intellectual property rights are owned by the Services Provider, its suppliers, or providers. The franchisee is restricted from modifying, translating, or creating derivative works based on the services or platform, except as expressly authorized. They cannot use the services or the platform for timesharing or service bureau purposes or for the benefit of a third party other than the property as contemplated by the terms of use.
The document specifies that all intellectual property rights in respect of all the services vest exclusively in the Services Provider or its licensors. The franchisee is prohibited from allowing the platform to be used by any property or facility other than the property and cannot alter any marks on the platform with respect to copyrights, trademarks, trade names, or any other intellectual property rights associated with the platform or the services, or alter any software code or use the platform to avoid payment.
Furthermore, the franchisee is restricted from reverse engineering, decompiling, or otherwise attempting to discover the software code, documentation, or any other proprietary technology owned or licensed by Margaritaville or the Services Provider. However, the franchisee retains all right, title, and interest in and to any content that the franchisee provides to the platform, excluding the Margaritaville Intellectual Property and Guest Profile Data, as defined in the Branding Agreement. This means that while Camp Margaritaville franchisees must use the technology systems as prescribed, they do not own the underlying technology and are subject to certain usage restrictions.