What is the Receiving Party's obligation regarding safeguarding Confidential Information related to Camp Margaritaville?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
(i) Margaritaville and Customer shall each retain in confidence all information transmitted to it by or under authorization of the other party pursuant to or in connection with these CRM Terms of Use in which the disclosing party identifies as being proprietary or confidential or that, by the nature of the circumstances surrounding the disclosure, would in good faith be treated as proprietary and/or confidential ("Confidential Information"). Neither party will make use of the other's party's Confidential Information except pursuant to the terms of these CRM Terms of Use. By way of example, but not limitation the following information is considered Confidential Information: (a) these CRM Terms of Use and its terms, (b) the technology, ideas, formulae, knowhow, documentation, procedures, algorithms and trade secrets embodied in the CRM Services and/or Connection Platform, technical documentation, solution methodology, end user manuals, Documentation and Deliverables, (c) Customer Data, end user ID's and passwords; and/or (d) any other information, in any form identified in writing as confidential. If Customer obtains information relating to Margaritaville or CRM from third parties to whom it is directed by Margaritaville, then Customer shall treat such information as Margaritaville's Confidential Information
under these CRM Terms of Use. Customer agrees, without limitation, that Customer Data is part of the Customer's Confidential Information.
(ii) The receiving party shall not disclose Confidential Information or use it in any manner not expressly authorized by these CRM Terms of Use. Unless written authorization is received from the disclosing party, the receiving party shall not: (a) disclose the disclosing party's Confidential Information or allow it or cause it to be disclosed to any third parties; (b) destroy any disclosing party Confidential Information or cause it to be inaccessible to the disclosing party (other than in accordance with its standard document retention policy); or (c) use the disclosing party's Confidential Information or allow it to be used for purposes other than in furtherance of these CRM Terms of Use.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville FDD, both Margaritaville and the Customer (franchisee) must keep confidential any information shared under the CRM Terms of Use, especially if marked as proprietary or confidential. This includes the CRM Terms themselves, technology, ideas, formulas, know-how, documentation, procedures, algorithms, trade secrets within the CRM Services and Connection Platform, technical documentation, solution methodology, end-user manuals, and customer data. If the Customer receives confidential information about Margaritaville or CRM from third parties directed by Margaritaville, the Customer must also treat this information as confidential.
The Receiving Party is prohibited from disclosing Confidential Information or using it in any way not explicitly allowed by the CRM Terms of Use. Unless they have written permission from the Disclosing Party, the Receiving Party cannot disclose the Disclosing Party's Confidential Information to third parties, destroy it, make it inaccessible, or use it for purposes outside the CRM Terms of Use.
This obligation ensures that sensitive business and technical information remains protected, preventing unauthorized use or disclosure that could harm Camp Margaritaville's competitive advantage. Franchisees must implement appropriate security measures to safeguard this information and adhere strictly to the CRM Terms of Use to maintain confidentiality.