Under the Camp Margaritaville agreement, does the customer receive legal or equitable title to the Technology?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
The Platform and software required for the Services or available at or used by the Services Provider's website and the intellectual property rights (including the copyrights) of the contents and information of and material on the Services Provider's website are owned by the Services Provider, its suppliers or providers and Customer shall not modify, translate, or create derivative works based on the Services or Platform (except to the extent expressly authorized within the Services or Platform); use the Services or the Platform for timesharing or service bureau purposes or otherwise for the benefit of a third party other than the Property(/ies) as contemplated by these Terms of Use.
All intellectual property rights in respect of all the Services vests exclusively in the Services Provider or its licensors.
Customer shall not allow the Platform to be used by any property or facility other than the Property(/ies) and Customer shall not alter any marks on the Platform with respect to copyrights, trademarks, trade names or any other intellectual property rights associated with the Platform or the Services, or alter any software code or use the Platform to avoid payment.
Customer shall not reverse engineer, decompile or otherwise attempt to discover the software code, documentation or any other
proprietary technology owned or licensed by Margaritaville or the Services Provider. Notwithstanding the foregoing, Customer retains all right, title and interest in and to any content that Customer provides to the Platform, excluding the Margaritaville Intellectual Property and Guest Profile Data, as defined in the Branding Agreement.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville FDD, franchisees do not acquire ownership rights to the technology used in the Camp Margaritaville system. Instead, Camp Margaritaville or its service providers retain ownership of the platform, software, and intellectual property rights associated with the services.
The FDD emphasizes that franchisees are only granted limited access to the services and are prohibited from modifying, translating, or creating derivative works based on the platform. They also cannot use the services for timesharing or service bureau purposes to benefit third parties. Franchisees are restricted from allowing the platform to be used by any property other than their own and from altering any marks related to copyrights, trademarks, or other intellectual property rights.
This arrangement is typical in franchising, where franchisors maintain control over their proprietary systems and brand identity. Camp Margaritaville franchisees should be aware that their rights to use the technology are limited to the terms outlined in the franchise agreement, and any unauthorized use or modification could result in a breach of contract.