Which section of the Camp Margaritaville Franchise Agreement details the warranty and customer service requirements?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
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Section 4.15 Menus. The menus offered through the Food and Beverage Service shall be approved by Franchisor on a commercially reasonable basis, based on brand consistency and the specific kitchen facilities. Franchisee shall be responsible for ensuring that menus comply with all Applicable Law.
Section 4.16 Quality Assurance.
- (a) Quality Assurance Audits.
- (i) Right to Inspect. During normal business hours and without any prior notice, Franchisor, its representatives, or Affiliates may:
- (1) inspect all public and non-public areas of the Resort at any time except for occupied Overnight Accommodations;
- (2) be served food and drink during regular hours of service, which, when consumed in public areas of any Food and Beverage Service, shall be free of charge;
- (3) interview management and staff, provided such interviews shall not interfere with the performance of the duties of the management and staff; and
- (4) inspect records (including, without limitation, letters or notes regarding customer complaints), to ensure compliance with System Standards.
- (i) Right to Inspect. During normal business hours and without any prior notice, Franchisor, its representatives, or Affiliates may:
- (b) The foregoing items (1)-(4) shall be referred to as the "Quality Assurance Audit".
- (i) Standards for Passage. The score required to pass any Quality Assurance Audit shall be set from time to time by Franchisor and communicated in the Manual.
- (ii) Timing. Franchisor may conduct such audits as frequently as Franchisor determines in its sole discretion.
- (iii) Costs. Franchisee shall be responsible for the costs of lodging, food and beverage, and other related living expenses for inspectors during Quality Assurance Audits. Except such costs, Quality Assurance Audits conducted in the ordinary course of business shall be free of charge. In the event, however, that the Resort fails any Quality Assurance Audit, then Franchisee shall be charged a $5,000 fee for each additional Quality Assurance Audit, until such time that the Resort becomes compliant. This fee may be changed or increased by the Franchisor, in its sole discretion, during the Term and Franchisee shall be notified in writing of such increase.
- (c) Other Quality Assurance Measures. Franchisor may institute other quality control measures as it deems appropriate from time to time, as premised upon commercially reasonable criteria. Such measures may include, but are not limited to:
- (i) Guest Comment Cards. Franchisor may initiate, in which event Franchisee shall facilitate, at Franchisee's expense, participation in a guest comment card program to measure Resort guest satisfaction.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 45–46)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, Section 4.16 of the Franchise Agreement, titled "Quality Assurance," outlines aspects of customer service by detailing the franchisor's right to inspect the resort, including areas related to customer complaints, to ensure compliance with System Standards. However, this section focuses primarily on the franchisor's inspection rights and doesn't comprehensively cover all customer service requirements or warranty details.
Additionally, Section 4.07 discusses the sourcing of products and services, stating that Camp Margaritaville and its affiliates disclaim all implied warranties of merchantability and fitness for a particular purpose concerning products they offer, sell, or require for the resort. In this case, the franchisee's recourse for claims related to these sourced products is limited to remedies against the third-party supplier or manufacturer. This disclaimer does not affect any claims the franchisee may have against these third-party manufacturers or suppliers.
While Section 4.16 addresses quality assurance through inspections and Section 4.07 clarifies warranty disclaimers for sourced products, the FDD excerpts do not provide a single, comprehensive section that fully details all warranty and customer service requirements. A prospective franchisee should ask Camp Margaritaville for more detailed information about customer service standards, procedures for handling customer complaints, and any additional warranty information beyond the disclaimers mentioned in Section 4.07.