What is Camp Margaritaville's responsibility regarding claims, losses, or damages related to the Technology and Services?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
acknowledges that Services Provider has set forth certain protections for Margaritaville with respect to the Platform and the Services and that Margaritaville has extended the same to Customer on a pass-through basis. Notwithstanding the foregoing, Customer is not a third-party beneficiary of any commitment by or agreement with Services Provider, and only Margaritaville maintains privity with Services Provider for any matter set forth in these Terms of Use. In no event shall Margaritaville be held liable to the extent a commitment or obligation of Services Provider has not been fulfilled through no fault of Margaritaville. Margaritaville shall commercially reasonably assist Customer with respect to any issues, questions or conflicts with the Services Provider arising under these Terms of Use and the Master Agreement.
- 12. Third Party Services. Customer is solely responsible for any third party service providers engaged by Customer to provide equipment or services to Customer in connection with the Services ("Third Party Services"), including payment of any fees for Third Party Services. Neither Margaritaville nor the Services Provider warrants or support the Third Party Services. If the Third Party Services fail to perform or otherwise cause damage to the Customer or to other parties, Margaritaville and the Services Provider shall not be liable for any loss or damage suffered by the Customer or other parties, Margaritaville and Services Provider are not responsible for any disclosure, modification, loss or deletion of Customer's data resulting from the Third Party Services. To the extent the Services include a third-party PMS interface to post guest reservation charges to a guest's folio ("Reservation Charges"), Customer authorizes Margaritaville, the Services Provider and any third-party interface provider authorized by the Services Provider to process the guest data relating to the Reservation Charges without liability to Margaritaville, the Services Provider or its thirdparty interface provider.
- 13. Updates. Acting commercially reasonably, the Services Provider is entitled to modify the Services and/or the Platform as the occasion arises for the purposes of improvements to the functionality and the rectification of errors. Because the Services are offered to multiple customers, it is not possible to omit a modification for a single customer. Margaritaville and the Services Provider are not liable for any loss, damages or other costs incurred as a result of the modification of the Services or the Platform.
- 14. Availability and Maintenance. The Services may be temporarily deactivated (not to exceed 24 hours per occurrence) for maintenance, modification or improvement of the Services and the web servers of the Services Provider. Margaritaville and the Services Provider are not liable for any loss, damages or other costs incurred as a result of the temporary unavailability of the Services.
- 15. Login Details. Margaritaville and the Services Provider may assume that a Customer logging onto the Platform using its login details actually is the Customer. After access has been obtained to the Platform through Customer's login details, Customer bears the full responsibility and risk for all subsequent activities undertaken on the Platform.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, Margaritaville's liability regarding technology and services is limited. Margaritaville does not provide warranties or support for Third Party Services. If these services fail or cause damage, Margaritaville is not liable for any resulting loss or damage. They are also not responsible for any disclosure, modification, loss, or deletion of customer data resulting from Third Party Services.
Regarding Reservation Charges, Camp Margaritaville, the Services Provider, and any third-party interface provider are authorized to process guest data without liability. Margaritaville may modify the Services and/or the Platform for improvements or error corrections and will not be liable for any losses, damages, or costs incurred due to these modifications. Similarly, Margaritaville is not liable for losses, damages, or costs resulting from temporary unavailability of the Services for maintenance, modification, or improvement, provided such deactivation does not exceed 24 hours per occurrence.
The document specifies that Margaritaville warrants that the services will be performed in a good and professional manner consistent with generally accepted industry standards and that the deliverables will materially conform to the description in the applicable Statement of Work. However, Margaritaville disclaims all other warranties, express and implied, except for the one mentioned above. Margaritaville's liability is limited to the amount actually paid by the company to Margaritaville under the agreement.
In no event shall Margaritaville be liable for any loss of use, revenue, profit, loss of data, loss of goodwill or diminution in value, or for any consequential, incidental, indirect, exemplary, special, or punitive damages whether arising out of contract, tort, negligence, strict liability, products liability or otherwise, regardless of whether such damage was foreseeable and whether or not Margaritaville has been advised of the possibility of such damages.