Is Camp Margaritaville responsible for the actions of its employees and contractors concerning the treatment of Privacy Information?

According to Camp Margaritaville's 2025 Franchise Disclosure Document, the franchisee, not Camp Margaritaville, is responsible for the actions and omissions of their employees, contractors, or other representatives regarding the treatment of Privacy Information. The franchisee is liable to Margaritaville as if these actions and omissions were their own. This means that if a franchisee's employee mishandles guest data, the franchisee will be held responsible by Camp Margaritaville.

The franchisee must notify Camp Margaritaville of any act or omission that compromises the security, confidentiality, or integrity of Privacy Information collected from end users. This notification should align with the terms outlined in the Branding Agreement. Additionally, the franchisee is obligated to promptly report any suspicious or malicious activity, potential vulnerabilities, or security weaknesses to Camp Margaritaville, also in accordance with the Branding Agreement.

Camp Margaritaville requires the franchisee to cooperate in the investigation of any security breach and to use their best efforts to remedy any security breach attributable to them as soon as commercially possible. The franchisee is also responsible for preventing any further security breaches at their own expense, adhering to applicable privacy rights, laws, regulations, and standards. In the event of unauthorized access to Guest Information and Reservation Data by a third party while in the franchisee's possession, the franchisee must investigate the cause of the data security breach and take steps to mitigate harm, prevent future occurrences, and comply with data breach notification laws at their sole expense.