What standards relate to the design and maintenance of a Camp Margaritaville Resort?

under this Agreement.

• (b) Without prior written approval from Franchisor, Franchisee may not operate, or allow any third party to operate, a time share office or desk or any other area from which time share interests, similar interests, or rights relating to any other property or service are offered or sold on or from any part of the Resort premises.

• (c) Franchisee must at all times ensure that the Resort is operated in compliance with the Camp Margaritaville System, the Manual, and all other written System Standards. System Standards may regulate, among other things:

  • (i) any aspect of the Resort's operation which impact the reputation and goodwill of the brand;
  • (ii) standards relating to the design, maintenance, décor, life safety, cleanliness, and sanitation, including periodic cleaning, repainting, and redecorating of the Resort in compliance with the Camp Margaritaville System;
  • (iii) the provision of efficient, courteous, competent, prompt, and high-quality service to the public;
  • (iv) quality standards and the types of services, concessions, amenities, and other items that Franchisee may or must use, promote, or offer at the Resort;
  • (v) standards and specifications for FF&E, supplies, and other goods and services that the Resort uses or sells;
  • (vi) standards for the Resort technology and other system components;
  • (vii) use of the Camp Margaritaville Intellectual Property, including the display, style, location, and type of signage and all uses of the Camp Margaritaville Intellectual Property and/or references to the Resort in connection with any social networking or social media sites or tools;
  • (viii) directory and reservation service listings of the Resort and methods for using required and authorized technology systems;
  • (ix) creating a favorable response to the name "Camp Margaritaville Resorts" and the names of any brand extensions, other Camp Margaritaville Intellectual Property, and brand-specific programs bearing the "Margaritaville" name;
  • (x) honoring all nationally recognized credit cards and other payment mechanisms that Franchisor periodically designates and entering into all necessary credit card and other agreements with the issuers of those cards and other applicable parties;
  • (xi) complimentary and reduced-rate Overnight Accommodation policies applicable to all similarly situated Camp Margaritaville Resorts (subject to Reasonable Deviations);
  • (xii) secret shopper programs, guest relations programs, and guest complaints and resolution programs, including reimbursing dissatisfied guests for their costs of staying at the Resort and participating in other guest satisfaction programs in the manner Franchisor periodically specifies;
  • (xiii) delivering to Franchisor or otherwise providing Franchisor access to the Guest Profile Data as described in Section 4.05;
  • (xiv) record retention policies and programs;

• (xv) policies and procedures regarding the collection, storage, use, processing and transfer of personal data (which includes information that identifies or is capable of identifying an individual), payment card data, or other financial data and information, including any data privacy or data security compliance programs, any payment card industry data security standards, together with any related audit or certification requirements, and all other applicable data protection and privacy laws and regulations;

• (xvi) quality assurance measures for the Resort and the Camp Margaritaville System, including deficiency action policies and other measures concerning the Resort's compliance with the Camp Margaritaville System, the Manual, and System Standards; and

• (xvii) participation in and compliance with the terms of all of Franchisor's mandatory marketing, reservation service, website/CMS platform and analytics, social media platforms and structure, photography and videography program rate and inventory management, advertising, cooperative advertising, guest frequency, social responsibility, discount or promotional, customer award, customer loyalty, Internet, computer, training, financial reporting and operating programs, including: (i) an approved PMS that interfaces with the CRS or any other central reservation system Franchisor periodically adopts; and (ii) a financial reporting software or service of Franchisor's choosing to interface with the Resort's POS/PMS system and transmit to Franchisor real-time data related to revenue and overall resort performance. Franchisor reserves the right to collect any and all data and information that relates to the overall performance of the Resort. Franchisor may periodically establish and/or coordinate these programs with third parties Franchisor designates. These third parties may (but need not) be Franchisor's Affiliates. Franchisee must sign and comply with any license, participation and other agreements Franchisor periodically specifies relating to these programs.

• (d) Franchisee acknowledges that Franchisor and its Affiliates may operate, and authorize others to operate, Camp Margaritaville Resorts inside and outside the United States providing additional, fewer and/or different amenities and services to guests than the Resort provides, or that otherwise operate in a manner that is substantially different from the manner in which the Resort operates. Because complete and detailed uniformity under many varying conditions might not be possible or practical, Franchisee acknowledges that Franchisor specifically reserves the right and privilege, as Franchisor deems best, to vary the Camp Margaritaville System and System Standards for any Camp Margaritaville Resort based upon the peculiarities of any condition or factors that Franchisor considers important to that resort's successful operation ("Reasonable Deviations"). Franchisee has no right to require Franchisor to grant Franchisee a similar variation or accommodation.

Section 4.07 Sources of Products and Services. Franchisor may require Franchisee to acquire FF&E, OS&E, technology, equipment, supplies, and other goods and services from one or more sources that Franchisor periodically designates or approves for the purpose of maintaining the System Standards, the Margaritaville brand, and uniformity across the Camp Margaritaville System. If Franchisee wishes to obtain any FF&E, OS&E, technology, equipment, supplies or other goods and services from a source that is not currently a Franchisor approved or designated supplier, then the Franchisee must send Franchisor a request in writing with any information and samples that Franchisor deems necessary to determine whether the product, service, and source comply with Franchisor's then-current standards for that product, service, or source. The decision to designate or approve a supplier or source for a particular product or service is in

Franchisor's sole discretion.

Source: Item 23 — RECEIPTS (FDD pages 72–406)