When was the Trademark License Agreement for Camp Margaritaville dated?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Margaritaville Enterprises granted us the rights to use and sublicense the Camp Margaritaville Intellectual Property under a trademark license agreement dated January 14, 2019 ("Trademark License Agreement"). The Trademark License Agreement has a term concurrent with the termination or expiration of the last sub-license or franchise agreement to a developer/operator of a Camp Margaritaville Resort. So long as the term of any such sub-license or franchise agreement is in effect, the Trademark License Agreement may not be terminated and a party's remedy for breach shall be limited to monetary damages and equitable remedies (excluding termination).
Margaritaville Enterprises has the exclusive right to use and sublicense to others, such as us, in connection with hospitality and other businesses, the intellectual property rights related to any works authored by Jimmy Buffett that are 100% owned and controlled by him, in addition to a non-exclusive right and license to sublicense Jimmy Buffett's personality rights under a License Agreement between Margaritaville Enterprises and Jimmy Buffett dated February 27, 2014. Our relationship with Jimmy Buffett is further described in Item 18.
The only lien or encumbrance against the Camp Margaritaville Intellectual Property is a security interest granted to HPS Investment Partners, LLC, pursuant to a security agreement dated as of June 17, 2022. Within 30 days of the signing of any Franchise Agreement, we will obtain from HPS Investment Partners, LLC, and deliver to you, a non-disturbance certificate in the form of Exhibit G to the Franchise Agreement. No other agreement significantly limits our rights to use or license the Camp Margaritaville Intellectual Property in a manner material to the franchise.
Source: Item 13 — TRADEMARKS (FDD pages 57–59)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, the Trademark License Agreement that grants the franchisor the rights to use and sublicense the Camp Margaritaville Intellectual Property is dated January 14, 2019. This agreement allows Camp Margaritaville to sublicense the intellectual property to its franchisees for operating their resorts.
The Trademark License Agreement's term is concurrent with the termination or expiration of the last sub-license or franchise agreement to a Camp Margaritaville Resort developer/operator. This means the agreement remains in effect as long as at least one franchise or sub-license agreement is active. The agreement cannot be terminated while any sub-license or franchise agreement is in effect, and any remedy for breach is limited to monetary damages and equitable remedies, excluding termination.
Camp Margaritaville also has a license agreement with Jimmy Buffett, dated February 27, 2014, for the non-exclusive right and license to sublicense Jimmy Buffett's personality rights. This agreement is separate from the Trademark License Agreement but is related to the overall branding and intellectual property rights associated with the franchise. A security interest against the Camp Margaritaville Intellectual Property was granted to HPS Investment Partners, LLC, pursuant to a security agreement dated as of June 17, 2022. However, Camp Margaritaville will obtain a non-disturbance certificate from HPS Investment Partners, LLC, within 30 days of the signing of any Franchise Agreement, ensuring that the franchisee's rights are protected.