Is Camp Margaritaville a third-party beneficiary of any commitment by or agreement with Services Provider?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Customer acknowledges that Third-Party Call Center Provider has agreed to provide certain services to Margaritaville with respect to Call Center Services, and that Margaritaville has extended the same to Customer pursuant to this Section A on a pass-through basis. Notwithstanding the foregoing, Customer is not a third-party beneficiary of any commitment by or agreement with Third-Party Call Center Provider, and only Margaritaville maintains privity with Third-Party Call Center Provider for any matter set forth in these Call Center Terms of Use. In no event shall Margaritaville be held liable to the extent a commitment or obligation of Third-Party Call Center Provider has not been fulfilled through no fault of Margaritaville.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, a customer is not a third-party beneficiary of any commitment by or agreement with a Third-Party Call Center Provider. Only Margaritaville maintains privity with the Third-Party Call Center Provider for any matter set forth in the Call Center Terms of Use.
This means that as a Camp Margaritaville franchisee, you cannot directly enforce any agreements or commitments that the Third-Party Call Center Provider has with Margaritaville. Your recourse is solely through Margaritaville itself, and Margaritaville will then be responsible for addressing any issues with the Third-Party Call Center Provider.
The FDD also states that Margaritaville will not be held liable to the extent a commitment or obligation of Third-Party Call Center Provider has not been fulfilled through no fault of Margaritaville. This indicates that Camp Margaritaville is not responsible for the call center provider's failure to meet its obligations if it is not due to any fault of their own.