Who is responsible for furnishing the tools and materials necessary to accomplish the Camp Margaritaville agreement?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.10 Independent Contractor. It is the express intention of Company and Margaritaville that Margaritaville performs the Services as an independent contractor to Company. Nothing in this Agreement shall in any way be construed to constitute Margaritaville as an agent, employee or representative of Company. Without limiting the generality of the forgoing, Margaritaville is not authorized to bind Company to any liability or obligation or to represent that Margaritaville has any such authority (unless otherwise provided in the Branding Agreement in Margaritaville's capacity as Franchisor or Sub-Licensor). Margaritaville agrees to furnish all tools and materials necessary to accomplish this Agreement, and shall incur all expenses associated with performance, except as expressly provided in a Statement of Work. Margaritaville shall determine the method, details, and means of performing the Services in accordance with each Statement of Work. Nothing in this Agreement or any Statement of Work shall be construed to interfere with or otherwise affect the rendering of Services by Margaritaville in accordance with Margaritaville's independent and professional judgment. Margaritaville shall perform the Services in accordance with all requirements of applicable law and substantially in accordance with generally accepted practices and principles of Margaritaville's trade.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville FDD, Margaritaville is responsible for furnishing all the tools and materials necessary to fulfill the agreement as an independent contractor to the company. This includes covering all expenses associated with the performance of the services, unless explicitly stated otherwise in a Statement of Work. Margaritaville determines the methods, details, and means of performing the services as outlined in each Statement of Work, ensuring that its independent and professional judgment is not affected.
This arrangement emphasizes Margaritaville's role as an independent entity, not an agent, employee, or representative of the company, and it is not authorized to bind the company to any liability or obligation unless specified in the Branding Agreement as Franchisor or Sub-Licensor. Margaritaville must perform the services in accordance with all applicable laws and generally accepted practices and principles of its trade.
For a prospective franchisee, this section clarifies the relationship between the company and Margaritaville, highlighting Margaritaville's autonomy and responsibility for providing the necessary resources to deliver its services. It also underscores that Margaritaville operates independently and is accountable for adhering to legal and professional standards in its service delivery.