What specific rights are included in the "Buffett Personality Rights" that Camp Margaritaville is licensed to use?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Jimmy Buffett, along with his entity, Coral Reefer Music and all other entities majority owned and controlled by Jimmy Buffett, granted an exclusive right to use and sublicense, in connection with hospitality and other businesses, any of his compositions, current and future photographic works, books, articles, films, videos and other audio-visual works, artwork, drawings, recipes, and other works of authorship solely owned and controlled by Jimmy Buffett ("Buffett Works") along with the non-exclusive rights to use his personality, including his name, image, likeness, signature, photograph, gestures, distinctive appearances, and mannerisms ("Buffett Personality Rights") (collectively "Buffett IP Rights") to Margaritaville Enterprises, pursuant to a license agreement dated February 27, 2014. Jimmy Buffett's rights and
obligations under the license agreement have been assumed by The James W. Buffett 1990 Trust (as amended) (the "Trust"). Margaritaville Enterprises then sublicensed the use of the Buffett IP Rights to Camp Margaritaville Resorts for the purposes of creating, operating, and franchising the Camp Margaritaville System and other related purposes pursuant to a sublicense agreement dated January 14, 2019.
Source: Item 18 — PUBLIC FIGURES (FDD pages 68–69)
What This Means (2025 FDD)
According to the 2025 FDD, Camp Margaritaville has a non-exclusive right to use Jimmy Buffett's personality rights. These rights include his name, image, likeness, signature, photograph, gestures, distinctive appearances, and mannerisms. This means Camp Margaritaville can incorporate these elements into their branding, marketing, and overall resort experience. However, the rights are non-exclusive, so Jimmy Buffett can still use his personality rights for other ventures.
Camp Margaritaville's ability to use these rights stems from a license agreement between Jimmy Buffett (now represented by The James W. Buffett 1990 Trust) and Margaritaville Enterprises, dated February 27, 2014. Margaritaville Enterprises then sublicensed these rights to Camp Margaritaville Resorts via an agreement dated January 14, 2019. This sublicense allows Camp Margaritaville to create, operate, and franchise its resorts using the Buffett IP Rights.
It's important to note that Jimmy Buffett (or the Trust) does not receive direct compensation for the use of his personality rights, aside from standard royalties for music, recordings, and books. However, the Trust, as an owner of Margaritaville Holdings LLC, may indirectly benefit from franchise fees paid to Camp Margaritaville. Prospective franchisees should understand the terms and limitations of these personality rights, as they are a key component of the Camp Margaritaville brand and appeal.