Who is responsible for furnishing the tools and materials necessary for Margaritaville to perform the services under 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 Franchise Disclosure Document, Margaritaville is responsible for furnishing all the tools and materials necessary to fulfill the agreement, functioning as an independent contractor to the company. This arrangement stipulates that Margaritaville, not Camp Margaritaville, bears the responsibility for acquiring the necessary resources to perform the services outlined in the agreement.
This section clarifies that Margaritaville is not an agent, employee, or representative of the company, further solidifying its status as an independent entity. This independence extends to determining the methods, details, and means of performing the services, ensuring that Margaritaville has the autonomy to manage its operations in accordance with each Statement of Work.
However, this obligation is subject to exceptions expressly provided in a Statement of Work, meaning that in certain circumstances, Camp Margaritaville might agree to provide specific tools or materials. Prospective franchisees should carefully review any Statements of Work to understand the allocation of responsibilities for tools and materials, as these documents may outline specific instances where Camp Margaritaville assumes these costs.