What services does Margaritaville Enterprises, LLC agree to provide to a Camp Margaritaville participating property with a branding agreement?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
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- Margaritaville Services. Margaritaville shall provide to Company the promotion and marketing services described generally in Schedule 1 (the "Services") and/or set out more specifically in one or more statements of work (each, a "Statement of Work" or "SOW"). In the event of any inconsistency between an SOW and this Agreement, the terms of this Agreement shall control.
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- Company Obligations and Responsibilities.
- 2.1 Company shall cooperate with Margaritaville in its performance of the Services and provide access to Company's data, premises, employees, contractors, and equipment as required to enable Margaritaville to provide the Services.
- 2.2 Company shall take all steps commercially reasonably necessary, including obtaining any required licenses or consents, to prevent Company-caused delays in Margaritaville's provision of the Services.
2.3 Company shall assign its most senior sales leader as the only person permitted to upload referral leads into the Platform (as defined a Statement of Work). Such person and/or Company's general manager shall approve all Commissions owed under a Statement of Work.
2.4 Company understands that the Services provided hereunder are not exclusive to Company. Company agrees that the Property will appear on advertisements and in other promotional materials in conjunction with other Margaritaville-branded properties.
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- Fees and Expenses; Payment Obligations. In consideration of the provision of the Services and the rights granted to Company under this Agreement, Company shall pay Margaritaville the fees agreed to in each SOW (the "Fees"). Margaritaville shall be solely responsible for the payment of all applicable taxes from the Fees retained by Margaritaville hereunder (after allocations to referrer and platform).
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville FDD, Margaritaville Enterprises, LLC agrees to provide promotion and marketing services to participating properties. These services are described generally in Schedule 1 of the agreement and/or more specifically in one or more statements of work (SOW). In case of any inconsistency between a SOW and the agreement, the terms of the agreement will take precedence.
Camp Margaritaville requires the franchisee to cooperate with Margaritaville in performing the services, including providing access to data, premises, employees, contractors, and equipment as needed. The franchisee must also take necessary steps to prevent any delays caused by them in Margaritaville's provision of services, including obtaining required licenses or consents. The franchisee must assign a senior sales leader to upload referral leads into the platform and ensure that this person or the general manager approves all commissions owed under a Statement of Work.
The services provided by Margaritaville are not exclusive to any single franchisee, and the franchisee acknowledges that the property may be featured in advertisements and promotional materials alongside other Margaritaville-branded properties. In return for these services and the rights granted under the agreement, the franchisee is obligated to pay Margaritaville the fees as agreed upon in each Statement of Work. Margaritaville is responsible for paying all applicable taxes from the fees it retains after allocations to referrers and the platform.