What steps must a Camp Margaritaville franchisee take to prevent Company-caused delays in Margaritaville's provision of services?

According to the 2025 Camp Margaritaville FDD, a franchisee can avoid being in breach of their agreement if delays are caused by Camp Margaritaville or a Force Majeure Event. Specifically, the agreement states that it will not be considered a breach if the franchisee's failure to open the resort as a Margaritaville-branded property by the Opening Deadline is caused by Camp Margaritaville or its affiliates, or by a Force Majeure Event.

This clause protects the franchisee from penalties or termination of the agreement if delays in opening the Camp Margaritaville resort are due to circumstances outside of their control, such as actions or inactions by the franchisor or unforeseen events like natural disasters. However, the franchisee bears the responsibility of ensuring that the resort becomes a Margaritaville-branded property and opens to the public by the agreed-upon deadline, as outlined in the agreement and System Standards.

To mitigate potential delays, a prospective Camp Margaritaville franchisee should maintain open communication with the franchisor, document all interactions and agreements, and proactively address any issues that may arise during the development and opening process. Understanding the specific conditions that constitute a Force Majeure Event, as defined in the agreement, is also crucial for managing expectations and protecting their investment.