What rights does Camp Margaritaville grant to the franchisee regarding the use of Guest Profile Data?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
request to review and retrieve Guest Profile Data. Franchisor grants Franchisee a limited, revocable, non-transferrable right and license to use the Guest Profile Data in Franchisee's possession during the Term solely as necessary and allowed by Applicable Law to market to and provide services to the Resort's guests and prospective guests. Unless Franchisor (in its sole discretion) has approved in writing and in advance or as otherwise required by Applicable Law, and, only to the extent required by Applicable Law, the Guest Profile Data shall not be: (a) used by or on behalf of Franchisee for any other purpose; (b) disclosed, sold, shared, assigned, leased or otherwise provided to third parties by or on behalf of Franchisee; or (c) commercially exploited by or on behalf of Franchisee. Franchisee shall not use Guest Profile Data to market other brands and shall not combine the sales, marketing, promotion and/or advertising of any other brand with the sales, marketing, promotion and/or advertising of the Resort unless specifically approved by Franchisor. Franchisee shall not create, engage in, or promote any separate additional applications, loyalty or rewards programs or any kind other than those approved by Franchisor. Franchisee shall not manually upload or edit Guest Profile Data or data lists of any kind into the system without the express written consent of Franchisor. Franchisee is not permitted to purchase or sell data lists, or make third-party data sharing agreements for use in connection with the Resort.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville Franchise Disclosure Document, franchisees are granted a limited, revocable, non-transferable right to use Guest Profile Data. This data can only be used as necessary and legally permissible to market to and provide services to the resort's guests and prospective guests. This license is valid only for the term of the franchise agreement. All Guest Profile Data remains the property of Camp Margaritaville (and its Affiliates) and is considered Confidential Information. Franchisees must obtain all necessary consents and authorizations from guests and provide all legally required disclosures.
Unless Camp Margaritaville provides prior written approval or as required by law, franchisees cannot use the Guest Profile Data for any other purpose. Specifically, franchisees are prohibited from disclosing, selling, sharing, assigning, leasing, or otherwise providing the data to third parties, or commercially exploiting it. Franchisees are also restricted from using Guest Profile Data to market other brands or combining the marketing of other brands with Camp Margaritaville, unless specifically approved by the franchisor.
Furthermore, franchisees cannot create or promote any separate applications, loyalty, or rewards programs beyond those approved by Camp Margaritaville. Manually uploading or editing Guest Profile Data into the system is also prohibited without the franchisor's express written consent. Franchisees are not allowed to purchase or sell data lists or enter into third-party data sharing agreements for use in connection with the resort. These restrictions ensure that Camp Margaritaville maintains control over its customer data and ensures consistent branding and marketing efforts across all franchise locations.