What is the Receiving Party's liability for breaches of the confidentiality agreement by its Representatives regarding Camp Margaritaville?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Customer shall be responsible for, and remain liable to, Margaritaville for the actions and omissions of all employees, contractors or other representatives who are engaged by Customer concerning the treatment of Guest Information and Reservation Data as if they were Customer's s own actions and omissions.
Customer shall notify Margaritaville of (i) any act or omission that compromises either the security, confidentiality or integrity of Guest Information and Reservation Data collected from end users in connection with these CRS Terms of Use or (ii) a breach or alleged breach of these CRS Terms of Use relating to the privacy practices of Customer in accordance with the terms of the Branding Agreement.
Customer shall likewise promptly notify Margaritaville any suspicious or malicious activity, potential vulnerabilities, or security weaknesses of which it becomes aware by emailing
Margaritaville contact and in accordance with the terms of the Branding Agreement. Customer shall cooperate with Margaritaville as reasonably requested to investigate any security breach, and Customer shall use best efforts to remedy any security breach attributable to Customer as soon as commercially possible and prevent any further security breach at Customer's expense in accordance with applicable privacy rights, laws, regulations, and standards. In the event of any unauthorized access to and acquisition of Guest Information and Reservation Data by a third party while in the possession of Customer or in transit from Customer, which materially compromises the security, confidentiality or integrity of such Guest Information and Reservation Data ("Data Security Breach"), Customer shall promptly investigate the cause of such Data Security Breach and shall at its sole expense take all reasonable steps to: (i) mitigate any harm caused to affected individuals, (ii) prevent any future reoccurrence, and (iii) comply at its sole expense with applicable data breach notification laws.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, the customer is responsible and liable to Margaritaville for the actions and omissions of all employees, contractors, or other representatives engaged by the customer concerning the treatment of Guest Information and Reservation Data as if they were the customer's own actions and omissions. This means that if any of the customer's representatives mishandle or misuse guest information or reservation data, the customer will be held accountable by Camp Margaritaville. This liability extends to any breaches of security, confidentiality, or integrity of Guest Information and Reservation Data.
The customer is obligated to notify Camp Margaritaville of any act or omission that compromises the security, confidentiality, or integrity of Guest Information and Reservation Data collected from end users. They must also report any breach or alleged breach of the CRS Terms of Use relating to the privacy practices of the customer, in accordance with the terms of the Branding Agreement. Furthermore, the customer must promptly inform Camp Margaritaville of any suspicious or malicious activity, potential vulnerabilities, or security weaknesses they become aware of.
The customer is required to cooperate with Camp Margaritaville in investigating any security breach and must use their best efforts to remedy any security breach attributable to them as soon as commercially possible. This includes preventing any further security breaches at the customer's expense, in accordance with applicable privacy rights, laws, regulations, and standards. In the event of any unauthorized access to and acquisition of Guest Information and Reservation Data by a third party while in the possession of the customer, which materially compromises the security, confidentiality, or integrity of such data, the customer must promptly investigate the cause of the Data Security Breach and take all reasonable steps to mitigate any harm caused to affected individuals, prevent any future reoccurrence, and comply with applicable data breach notification laws at their sole expense.